Birch Bay Leisure Park Association 7704 Birch Bay Drive Blaine, WA 98230 (360) 371-7122 www.birchbayleisurepark.com MINUTES of the OPEN MEETING of the BOARD OF DIRECTORS PLACE: CHAIR: BBLP Brier Center 7704 Birch Bay Drive Blaine, Washington DATE: Saturday, June 13, 2015 TIME: 9:00 a.m. President Coleen Hunter PRESENT WERE: Directors: Steve Lake – Vice President & Treasurer Jan Faulkner – Grounds & Maintenance Jeff Stott – Rules & Regulations – absent with regrets Taryn Bell – Public Relations & Communications Larry Scott – Public Works & Special Projects Karilee Green – Entertainment & Recreation – absent with regrets BBLP Staff: Don Brown, General Manager Deborah Johnson, Recording Secretary / Accountant Circle Representatives: Chair-Doug Parmenter, Secretary- Cathy Wozny, Circle Rep – Bob Saunders 21 audience members in attendance. Meeting Protocol The Chair advised members in attendance that the Board will be conducting the business of the Regular Meeting without interruption. The Board may consult with the Recording Secretary in the due course of the board meeting on matters where the secretary has technical knowledge in response to a matter discussed in the meeting. The recording secretary will be recording the meeting for the purpose of preparing the minutes, no other recording is authorized. At the conclusion of the business of the Regular Meeting there will be a question period for members present in the audience. At the conclusion of the question period the members may be asked to leave so the Board may conduct a closed Executive Meeting. I. APPROVAL OF THE AGENDA FOR THE MEETING MOVED by Steve Lake and SECONDED: Approval of Agenda. CARRIED II. APPROVAL OF THE BOARD MEETING MINUTES OF May 9, 2015 MOVED by Taryn Bell and SECONDED: Approval of Board Meeting Minutes of May 9, 2015 CARRIED III. APPROVAL OF THE TOWN HALL MEETING MINUTES OF May 17, 2015 MOVED by Jan Faulkner and SECONDED: Approval of Town Hall Meeting Minutes of May 17, 2015 CARRIED IV. CIRCLE REPRESENTATIVE REPORT: Doug Parmenter, Circle Representative Chair. The first Circle Rep Meeting was held on May 24th. The election results are as follows; Chair – Doug Parmenter, Vice Chair- John Post; Secretary- Cathy Wozny. Don Brown was in attendance and was well received. We hope he will continue to attend the meetings. The Circle Reps, at Bob Saunders’ suggestion, voted (16 in favor and 3 against) to recommend to the Board of Directors that they consider the use of excess funds to furnish and purchase kitchen equipment for Brier. Larry Scott stated that the funds that go towards the Brier will go through the proper deliberations and encouraged the Circle Reps to raise money for the Brier if they wish to do so. The Terms of Reference (or TOR) for the Circle Representatives was approved by a motion at the last Board Meeting without review by the Circle Representatives and we request that the approved Terms of Reference be revoked. It was discussed by Larry Scott and Steve Lake that the TOR are guiding principles providing the Circle Reps with a clear direction of what their purpose is and provides clarity to the Board of what they can expect and how that process will unfold. If the Circle Reps feel that is not the case then further consideration of the TOR is needed. It was the Board of Directors’ understanding that there was a healthy exchange between the Board and the Circle Reps about the contents of the TOR, as minuted in the September 2014 board meeting for the Circle Reps to see. It went through due process and concluded with the approval by the Board of Directors. The Board expected the Circle Reps to provide input. However, the TOR proposed by the Circle Reps does not follow the existing TOR for other committees posted on the park’s website. There is also a reference to the Circle Reps being an independent entity and as mentioned in the minutes of the May 24th Circle Rep Meeting, other recreation parks have independent resident councils. Birch Bay Leisure Park is completely different as it is member owned (as opposed to renting) and the members have many opportunities to express themselves. There are still circles in need of representation. Steve Lake expressed his concern that Bob Saunders was permitted by the Circle Rep leadership to criticize him personally during the Circle Rep meeting on May 24th, as will be discussed further during the Treasurer’s Report. V. GENERAL MANAGER’S REPORT: Donald Brown, General Manager See Don’s Report; Attachment “A” to these minutes. VI. TREASURER’S REPORT: Steve Lake, Treasurer See Steve’s Report, Attachment “B” to these minutes. AGM – Steve announced that he will not be attending the AGM VII. CORRESPONDENCE: Recording Secretary, Deborah Johnson E-mail from member concerned with the contents of the Treasurer’s article in the May Newsletter regarding IRS rules for stay in the US. Was discussed under the Treasurer’s Report Agenda Item VI. Letter of complaint from a member regarding the Open Wi-Fi at the Administration Center. Jan Faulkner replied to this complaint stating that the Wi-Fi is provided by Ecco Wireless, complaints should be forwarded to Ecco, and informs the member that the free Wi-Fi is complimentary at no expense to the park. Letter of complaint from member regarding the garbage area and brush bins at bath house #7 including photos. Coleen Hunter offered to write an article for the July Newsletter with pictures to address the problem. VIII. E-mail from members with comments on the Brier and suggestions for the library. A reply was sent to this member thanking them for their continued support for the Brier Library and their suggestions, the Board will consider their requests as many of the original elements for the library were deleted due to budget constraints. Letters from two members regarding the pool staff. Don Brown replied to these members. SECRETARY’S REPORT: Secretary: Jan Faulkner Proposed Amendment to By-Law XII –Jan has forwarded this proposal (as received by a member and discussed at the May 9th Board Meeting) to the Circle Reps for their feedback. By-Law & Rules and Regulations Committee- Jan has circulated an outline for the committee and suggests that the Board kicks it off quickly to have time to review prior to the AGM. Circle Rep Terms of Reference – Upon receiving the feedback form the Circle Reps that they did not want to be a committee and asked that the TOR be removed from the park’s website Jan suspended further review of the TOR without the Board’s guidance. If the Circle Reps do not wish to be a committee, what is it that they can provide the Board that cannot be provided by any member in the park? Having not heard a response to the Board’s requests for clarification from the September 2014 Board meeting, Jan moved ahead spending a great deal of time preparing the TOR to have it approved by board ahead of the first Circle Rep Meeting in May. The Board of Directors discussed the following: The Board agrees that Circle Reps bring valued input from the membership to the Board of Directors. They offer members an opportunity to discuss their concerns with other members at the Circle Rep meetings, develop ideas and bring them forth to the Board as a collective group. However, the Board is the elected representatives of the Association and stand accountable to the membership at the AGM. The Circle Reps do not wish to be a committee and they are not entirely composed of members in good standing. How will the Circle Reps be held accountable to the membership or its elected Board if they are not a committee? It was suggested that the Circle Reps wish to be independent to enable them to be critical of the Board. And if they do not wish to be a committee of the elected representatives of the park, they should not presuppose to speak for the membership. It was also discussed that many of the items on the Circle Reps “Action Item List” should be directed to the park management and does not require the Board’s attention. MOVED by Steve Lake and SECONDED: To revoke the Terms of Reference for the Circle Rep Committee approved at the May 9, 2015 Board Meeting to allow for further review. After further discussion by the Board and requesting the Chair of the Circle Reps define what their role is, what their purpose is and where they accountabilities lie, the motion was CARRIED. IX. PRESIDENTS’S REPORT: Coleen Hunter, President Jeff Stott has resigned from the Board of Directors, his professional responsibilities and travel schedule will prevent him from being an active participant. The Board thanks Jeff for his contributions on the Wi-Fi Committee, the Investment Committee and his portfolio of Rules & Regulations. The Board discussed that it is necessary to appoint a director to the Rules & Regulations portfolio for the balance of the term, giving the appointee an opportunity to gain some experience prior to election at the AGM in September. The BBLP Members survey will be amended to add an opportunity to provide input regarding an offleash dog area and an extended pool season. The Chair recognizes LeRoy Smith’s contributions to Birch Bay Leisure Park. He has been with the park since March of 2007 and is retiring after eight years. X. Directors Reports Grounds & Maintenance: Jan Faulkner The Board granted, via e-mail, permission to remove a tree at TR-14. A report is on file and has been circulated to the Board. A hedge on Meadow Road and on park property poses a safety issue. Information has been circulated to the Board and is ongoing. The Administration Center has provided a list of sites that have received deficiency notices and has been distributed to the Board. Jan will provide updated information on the ongoing dispute of a non-compliant fence during a closed meeting following this meeting. Recreation & Entertainment: Karilee Green Karilee asked Deborah Johnson to report on her portfolio in her absence. The May Caesar Sunday raised $1,026.46 and the remaining inventory is valued at $600.The Pancake Breakfast raised $346.05. There were over 30 participants in the Balloon Sale. The entertainment account’s balance is $12,000. The following purchases have been made: Bingo balls and cards, soccer goals, pool volleyball and basketball for teen swim, Still to be purchased are the ping pong tables and TV & projector. The bus trip to Safeco Field is sold out. We have received cancellations, if you are interested in going call the Admin Center and put your name on the waiting list. We now have a volunteer to coordinate Hamburger Days. The updated calendar is up on the website and will be published in the next newsletter. Public Works & Special Projects: Larry Scott An article was submitted in the June Newsletter and includes Larry’s comments on a Brier Grand Opening. Public Relations & Communications: Taryn Bell The Facebook Group has 240 members. The posted comments are positive. Taryn asks the membership for suggestions they may have for her portfolio. Taryn plans to attend the Birch Bay Chamber of Commerce meetings. ADJOURNMENT: The Open Board Meeting adjourned at 10:09 am NEXT REGULAR MEETING: July11, 2015 Chair: _Draft Pending Board Approval______Recording Secretary: _____________________________ Board members are reminded that they must declare any interest that relates to an item of discussion. Board members have been placed in a position of trust, and it is their responsibility to honor the Association’s need to keep certain information confidential. QUESTION and ANSWER PERIOD: See Attachment “C” to these minutes. ATTACHMENT A Page 1 of 1 GENERAL MANAGERS REPORT – DON BROWN For the month of May 10th through June 12th Bocce Courts Rotten timbers have been demoed out Chessa Brothers have agreed to be in charge of the court surface condition. The beams are primed and ready for paint The Brier the front landscape areas are planted and have washed rockery around the plants old signage is being reinstalled The new signage for the inside of the building is on order Cameras are online in Brier but still some minor tweaking needed The baby changing stations are installed The garment hooks are being installed in the changing rooms The pool pump house to be painted in the next two weeks The Brier ice machine? (It leaks) Timberline Road TR 14 the cedar tree has been removed and the stump had been ground. Making a long time member very happy. All the ivy has been removed from various trees which will prevent suffocation of tree General Maintenance Moe’s trail has been cleaned up and is ready for all the little feet but still needs a little more chipper chips put down and the benches need to be cleaned. Flowers in the front entrance have been planted and are growing. Currently there is 80 percent that have been covered with irrigation. Front entrance chain and posts have been painted. Horseshoe pits are being repaired and finished painting. Flag pole lights have been repaired and are working. Training coming up on the 18th, 20th, 25th, and the 3rd of July. Customer service and Security Incident Reporting Safety audit is being conducted. This audit examines all aspects of the business and if it meets compliance in the eyes of Labor and Industries while bringing awareness to the team ATTACHMENT B Page 1 of 5 Birch Bay Leisure Park Primer for Understanding Board Meeting Financial Report May, 2015 Most months the Treasurer reports on the Profit and Loss for the month and year-to-date for BBLP at the monthly Board meeting. At the September 2014 Board meeting it was decided to include the actual financial data provided to the Board as part of the minutes. The intent of this Primer is to provide some guidelines to aid in a reader’s understanding of the financial material presented. First of all please understand that the Profit and Loss statement presented represents a summary of pages and pages of financial data and so you may not get everything you wish out of the information provided. If that is the case it is possible to ask questions at the monthly Board meeting. Highlights for Understanding 1. The account names correspond to those provided in the year-end financial statements and represent groupings of accounts. 2. The Current column represents the actual income and expenses for the month. 3. YTD for the month represents the total actual income and expenses for the year-to-date commencing January 1 to the month being analyzed. Our year end is December. 4. YTD budget represents the budgeted figures for the YTD for the month being analyzed. The budget is updated twice during the year – once in May and once in November. 5. YTD budget variance represents the difference between the actual YTD numbers compared to the budgeted YTD numbers. A bracket in the income area demonstrates a negative impact on the bottom line while a bracket in the expenses area represents a positive impact on the bottom line. A nonbracketed item demonstrates the reverse in each section of the Profit and Loss. 6. The commentary at the far right is an explanation of the material negative and positive impacts and represents the term Variance Analysis. Sometimes a variance requires a change in strategy so the negative impacts don’t happen again. 7. At the bottom of the page there will be a summary of items included in the Profit and Loss that have been included here but budgeted as Long Range Planning Fund expenses. For bottom line variance analysis the impact of these items should be removed. Please read the above in conjunction with the monthly Profit and Loss statement provided in the Board Meetings. ATTACHMENT B Page 2 of 5 Birch Bay Leisure Park Profit and Loss - May 2015 Actual/Budget Comparison Income Dues Initiation Fees Late Fees Special Charges & Other Mailboxes Newsletter Income Storage Sites Interest Income Total Income Expense Garbage Grounds Current May '15 YTD May '15 YTD Budget YTD Budget Var 104,110 1,500 2,805 430 515 762 110,122 520,550 6,000 850 6,441 6,825 1,710 3,085 4,692 550,153 520,550 6,000 850 6,699 6,933 1,573 3,406 3,519 549,530 (258) (108) 138 (321) 1,173 623 5,229 4,130 12,276 6,821 13,016 8,622 (740) (1,801) 718 @1,740 - increase of $145 from 2014 There are 29 sites listed for sale. 18 mailboxes available 5 storage spaces available Propane expense is lower than anticipated due to a warm weather and repairs have not been needed yet. Increased expense in repairs to roads , drainage and fencing. Includes new fixtures for paper products at Brier Pool 4,313 5,292 7,754 (2,463) Repairs & Maintenance Supplies & Tools Truck, Tractor & Auto 7,824 2,813 685 37,788 4,418 6,073 33,623 5,017 5,892 4,165 (600) 181 (1,365) (2,763) 1,399 ($1,675) is the foreign exchange reversal from 2014. Insurance increased $2,400 compared to prior year. Bank Charges & Exchange 175 Insurance Expense Legal & Accounting Office Expense Public Relations 3,089 1,143 228 15,429 1,114 6,717 288 15,429 1,158 6,499 1,751 (45) 218 (1,463) Security Telephone 2,272 337 3,639 1,924 3,547 2,091 92 (167) Power 3,766 18,954 19,954 (1,000) Propane Sewer Water 468 20,098 10,518 5,190 43,139 23,291 6,066 42,632 23,357 (876) 507 (66) Wages Wages - Tax & Benefits 27,794 11,853 125,633 60,343 127,677 61,107 (2,044) (764) 653 107,389 59,454 756 437,174 59,623 1,181 443,235 (169) (425) (6,061) Net Ordinary Income/(Loss) 2,733 112,979 106,295 6,684 Other Income and (Expense) Depreciation Asset Disposal Income Tax Provision Entertainment Prior Year Correction (13,600) 2,434 - (68,000) 1,875 - (68,000) 1,875 - - (8,433) 46,854 40,170 6,684 Property Taxes Sundry Board Contingency Total Expense Net Income/(Loss) Purchased gate cards & upgrading camera equipment Power expense is lower than anticipated due to a warm winter Propane expense is lower than anticipated due to a warm winter and Brier was not heated. Maintenance staff reduced by 1 during Jan - Feb. Wages / Taxes still higher compared to prior year. Annual Property Tax expense is $351 lower than prior year. Contingency budget is 20k or approx $1,665 per month Deposit for Mariner's tickets is $492 ATTACHMENT B Page 3 of 5 Birch Bay Leisure Park Board Meeting June 13, 2015 IRS Rules for Canadians in the USA The following is general advice. For your personal circumstances you should review them with your professional advisor before proceeding with any related major decision. Imagine being challenged by an accountant for the article in our May newsletter prepared on the above topic and the following happened: 1. In a March 9, 2015 email he informed me of a copy of a relevant article in the Northern Light February 5 – 11 edition. He did not provide me with a copy but he stated that he would bring me a copy when he returned from vacation. I finally received a copy at the May 9th Board Meeting. Can you imagine using the Northern Light as your “good source” of information without providing the expertise being provided? 2. On May 8th using Northern Light as a source he attacks a number of elements in the May newsletter article based on the Northern Light article. He still has not provided me with a copy of the article. 3. At the May 9th Board meeting he attacked me for making so many mistakes. He also stated that he has the support of 3 different managers at the Border. When I asked him for names and back up material he didn’t have anything with him. When I began to respond he stated that we do not get into a discussion at this time and as it was not on the agenda it ended there. Afterwards I did confirm to him that I would clarify assessing practice versus the law. I did not admit to any wrong-doing or admitting the requirement of a correction. 4. On a May 11 email from him he only had 1 manager’s name. This manager presented with reference material that this accountant stated “…but there are many different confusing information statements there. I don’t need any more authentication and am not going to spend time perusing”. How professional! 5. He emailed to say that I should be immediately responding to the members. And he was so annoyed he made a presentation at the Circle Rep meeting attacking me specifically and pointing out some of the “errors”. Here is my response to his comments: 1. My sources are Video Tax News – the author is a Tax Specialist, IRS Income Tax Act and Canadian Snowbird Association – you can be a member of CSA for $25 which includes a periodic magazine subscription, see www.snowbirds.org. Clearly some well-documented expertise. 2. I have had experience with more than just a few people presenting me with comments from managers concerning cross-border and income tax issues. In 100% of dozens of such presentations these government managers and other employees have been proven wrong by me. And why is this? Consider: Often I believe the person presenting the question does not have all the facts or presents the information incorrectly. E.g. A query did not include the fact that the person was not an American and this certainly changed the answer. The Government employee that you can question is not senior enough to respond but does any way. The public cannot necessarily get access to higher authority where, in Canada, I can. You will notice that they are not willing to provide backup to their response. There is a good reason for this – you can’t use their information against them and if you argue legally it does not fly if you operate on their response to their question. ATTACHMENT B Page 4 of 5 3. Any answer that they do reply to typically is from the point of view of the government authority. Etc. Here are some actual questions and responses from the CSA News Spring 2015 Bird Talk: Dear Bird Talk: (Assessing Practice) I have been given an exit date of March 18, 2015, even though it is far fewer than 182 (sic) days for my stay in the U.S. The agent would not tell me why. Is there a way to get this visit extended to April 15? Even though I have never overstayed in the U.S. and have no criminal record, etc., I find the way I am being questioned and treated by customs officials very unfriendly. It leaves me feeling stressed even when I have been open, truthful and polite, as recommended. I have never felt like that anywhere else in the world that I have travelled. I’m questioning why I’m bothering to go to the U.S. when there are many other places that are much more welcoming. Is anyone keeping track of negative experiences? I know there is no recourse individually, but surely the U.S. should be aware of how they are mistreating Canadians. Can CSA advocate for us? Editor: You must leave before that date! This ruling by a border agent has no appeal process and there is no way to request an extension from this ruling. Length of stay is determined solely at the discretion of the U.S. Customs and Border Protection (CBP) officer at the time of admission, as you found out. CSA is keeping track of both the positive and negative experiences of our members as they travel to the United States and other destinations. We, along with other travel groups, have also raised these concerns with various members of Congress. We remain hopeful that the changes in policy for which the CSA is currently advocating via the JOLT Act will result in a more expeditious and pleasant entry process for Canadian retirees. Dear Bird Talk, I keep track of my days in the U.S. and submit my Form 8840 regularly. But recently, I am hearing that unless I am out of the U.S. for more than 30 days, those days also need to be considered as U.S. days. My time in the U.S. is usually spread over seven or eight trips throughout the year and occasionally, I am back in Canada for fewer than 30 days between trips. How do you recommend that I proceed to count days? Ed: The 30-day rules is correct, not that we like it, and that is what you should file. I would structure your trips to be back for 31 days, to be safe. Dear Bird Talk, We typically spend four to five months in the U.S. in the winter. Next year, in the summer, we are planning a 32-day cruise that originates in Alaska, goes through the Northwest Passage and ends in New York, following stops in Newport and Boston. As we won’t have been out of the U.S. for 30 days, will all of the days count as being in the U.S. for B2 purposes? Ed: The simple answer is always “yes”. This sounds like the trip of a lifetime, so a little restructuring of your normal winter patterns should be worth it. I hope that you appreciated the irony of a snowbird – who normally seeks the sun in winter – seeking the winter in summer. ATTACHMENT B Page 5 of 5 Dear Bird Talk, (Assessing Practice) We arrived in the U.S. October 22 and will be heading back to Canada mid-December for Christmas, returning in January. At a CSA presentation, we were told that we must be home for at least 30 days before returning to the U.S. Otherwise, those days count as days in U.S. None of our friends pay attention to this rule when counting their days in the U.S. We are the only ones we know who are concerned enough to stay the full 30 days in Canada before returning South for the winter months. Is this “30-day rule” being enforced? If we only stayed for two weeks, for example, could those days in Canada be counted towards our 182? I can find nothing on this in all of my searches, so would be grateful for any clarification. Ed: We have a letter to INS border agents from the Immigration Head Office which says that an absence of fewer than 30 days is not considered an absence. We all know that friends can get you into trouble, too. Perhaps you should tell them about the B.C. Snowbird who was charged $350,000 in back taxes by the IRS. He was “deemed” to be a resident of the United States. Dear Bird Talk, (Assessing Practice) Please advise. If I wish to stay in the U.S. for 150 days every year, am I allowed to do that? And if I file form 8840 every year accordingly, do I still have to pay U.S. income tax on worldwide income? (This is assuming that I earn no income whatsoever in the U.S.) Ed: You are allowed to visit the United States for up to six months in any 12-month period. That does not mean a calendar year….it is ANY 12-month period. So the answer to the first question is “yes”. If you file the 8840 every year, you will not have to pay U.S. taxes as you have declared yourself as a Canadian resident or stated your “closer connection” to Canada on the 8840. You do NOT have to pay tax in the U.S. at all. 4. Some comments under IRS information along with the 8840 form explanations for days of presence in the United States – you do not count the following: Days you regularly commuted to work in the United States from a residence in Canada or Mexico. Days you were in the United States for less than 24 hours when you were traveling between two places outside the United States. Days you were temporarily in the United States as a regular crew member of a foreign vessel engaged in transportation between the United States and a foreign country or a possession of the United States unless you otherwise engaged in trade or business on such a day. Days you were to leave the United States because of a medical condition or medical problem that arose while you were in the United States. Days you were an exempt individual. The Morals of These Stories: 1. Don’t rely on Government authorities for critical decisions related to Cross Border Transactions. 2. Ask a professional accountant who knows what he is talking about and knows his limits. 3. Join the Canadian Snowbird Association and attend their meetings as they are a very good source of information. 4. You will not be able to find the law in some of the above cases. The IRS authorities also use assessing practice and like we do in Canada. ATTACHMENT C Page 1 of 2 Question & Answer Period: The Chair reminded the audience that the Recording Secretary is taking an audio recording of the meeting for purposes of documenting the minutes of the meeting. Please note some of the dialogue, comments and discussion during the question period may not be captured in these minutes, all direct questions posed and responses from Board are summarized and recorded. Question: The member from 31-07 questioned the profit for Caesar Sunday. Answer: Karilee Green will review the income and expense receipts with the event coordinator. Question: The member from 31-07 requests that we post larger signs at the brush bins. Answer: Coleen will mention the brush bins and options for members to dispose of large items and review the signage with Don. Question: The member from 44-07 asks if the tablets are in operation to capture speeders on radar, has the diaper snipers been installed and what are the results of that. What is the status of the noncompliant fence on mainline? Answer: The tablets with the radar apps are ready at a cost of $80 vs. $800 for a radar gun. The diaper snipers are installed on Dogwood and are catching large items before reaching the pump. The Board will discuss the fence on Mainline in a closed meeting after this meeting. Question: The member from 22-02 asks if the park can publish the tickets that are issued to speeders as the membership does not think tickets are being issued. Answer: The Board likes the idea and asked Don to follow up. Question: The member from 22-02 asks what is the purpose of the Rules & Regulations Site Remediation Committee. Answer: This committee will discuss how non-compliant sites will be brought into compliance. Question: The member from 38-07 asks where the pool table and the shuffle board table are and when will they be brought into Brier. The Brier is a lovely building but it is not useful, there are no appliances and the ice machine is in disrepair. Are you expecting members to donate money to furnish Brier? Answer: When have not received final occupancy. We are very close to budget and much of the contents for Brier will not be purchased until 2016. Items will be funded by operations, fund raising and donations from members. We are carefully planning how Brier will be furnished. Question: The member from 36-02, Cathy Wozny (Recording Secretary for the Circle Reps), discussed that she re-wrote the TOR for the Circle Reps. The Circle Reps have never been a committee and working as well as could be expected. She does not think they have been over critical and are on the same side as the Board. She would like to sit down with someone to resolve the issues on the TOR and move forward. Answer: Coleen wrote the initial TOR for the Circle Reps to get the process started, expecting the Circle Reps to build on it. Steve Lake comments that the TOR as they have been re-written was not what the Board expected and discussed their response to that earlier in the meeting. Question: The member from 33-08 asks if there has been any progress regarding re-using the solar panels to heat the pool. Are they reusable and if not can they be replaced? Answer: Larry Scott answers that the information he was given is that the existing solar panels are not suitable to go back on the building. He is going to look at what our savings was, what grants or incentives will be available to us, where the new panels will be installed and will make a business case for that. Question: The member from 53-01 discussed various points covered in the TOR. He also discussed the value of having the GM attend the Circle Rep meetings. The Circle Reps have 30 members and are the largest group that speaks for the park. He explained the criticism of the Board by the Chair was a result of the TOR being approved without review by the Circle Reps. The member further argues the IRS Article and subsequent discussions between him and the Treasurer. Answer: Larry Scott reminds the member that the TOR was rescinded and in moving forward asks the Circle Reps to provide him with the information requested during the motion’s discussion. Provided the meetings fall on Don’s schedule work day, he may continue to attend the Circle Rep meetings. Since the Circle Reps are not a committee they have no greater voice than any one member. Jan reminded the group that the TOR was sent to the Circle Rep Chair and content of the TOR was discussed prior to approval. The Chair commented that the TOR was rescinded and this discussion serves no purpose. After further argument on both sides, the Chair suggests that the conversation end. Question: The member from 23-11 asks for clarification for the location of open Wi-Fi. Answer: It will be reflected in the minutes and published in the newsletter that the open Wi-Fi will remain at the Administration Center. Question & Answer Adjourned @ 10:53am Birch Bay Leisure Park Association 7704 Birch Bay Drive Blaine, WA 98230 (360) 371-7122 www.birchbayleisurepark.com MINUTES of the OPEN MEETING of the BOARD OF DIRECTORS PLACE: CHAIR: BBLP Elm Center 7704 Birch Bay Drive Blaine, Washington DATE: Saturday, May 9, 2015 TIME: 9:00 a.m. President Coleen Hunter PRESENT WERE: Directors: Steve Lake – Vice President & Treasurer Jan Faulkner – Grounds & Maintenance Jeff Stott – Rules & Regulations – absent with regrets Taryn Bell – Public Relations & Communications Larry Scott – Public Works & Special Projects Karilee Green – Entertainment & Recreation BBLP Staff: Don Brown, Interim General Manager Deborah Johnson, Recording Secretary / Accountant 14 audience members in attendance. Meeting Protocol The Chair advised members in attendance that the Board will be conducting the business of the Regular Meeting without interruption. The Board may consult with the Recording Secretary in the due course of the board meeting on matters where the secretary has technical knowledge in response to a matter discussed in the meeting. At the conclusion of the business of the Regular Meeting there will be a question period for members present in the audience. At the conclusion of the question period the members may be asked to leave so the Board may conduct a closed Executive Meeting. I. APPROVAL OF THE AGENDA FOR THE MEETING MOVED by Steve Lake and SECONDED: Approval of Agenda. CARRIED II. APPROVAL OF THE BOARD MEETING MINUTES OF April 11, 2015. MOVED by Karilee Green and SECONDED: Approval of Board Meeting Minutes of April 11, 2015 CARRIED III. IV. CIRCLE REPRESENTATIVE REPORT: Doug Parmenter, Circle Representative Chair. In Doug’s absence the Recording Secretary announces a reminder that the first Circle Representative Meeting is rescheduled for May 24th and is posted on the reader board and the events calendar. INTERIM GENERAL MANAGER’S REPORT: Donald Brown, Interim General Manager See Don’s Report; Attachment “A” to these minutes. V. Board supports re-routing the sidewalk by the security shack to avoid cutting down the tree with the roots coming up through the walkway, respecting our environmental footprint. The tire swing will be put back up at Circle 17. Don has received a list of maintenance requests discussed by the Entertainment Finance Committee and is prioritizing. TREASURER’S REPORT: Steve Lake, Treasurer See Steve’s Report, Attachment “B” to these minutes. One member has recently paid their delinquent dues less the penalties. She has requested that the Board consider forgiving the penalties. After discussion by the Board the consensus is that we allow this member to repay the penalties without incurring further penalties provided her dues are kept current. MOVED by Steve Lake and SECONDED: Approval to transfer 50k from excess cash to the Long Range Planning Fund CARRIED MOVED by Steve Lake and SECONDED: Approval of Dues to remain the same at $870. CARRIED VI. VII. Dean MacKinnon is present to answer questions regarding the request for new soccer goals. Per Dean the goals are commercial and are 6.5’ high x12’long and 4’ deep (half the size of regulation goals) are portable and have nets. The current soccer goals are just posts with no nets. After much discussion by the Board over their concerns over safety and whether there is a need for these goals if we purchase nets for the existing goals the purchase was approved. Steve volunteers to sit as Chair on the Long Range Planning Committee. Larry Scott thanks Steve for the detail on the budget worksheet, appreciates the fact that we are taking on a safety audit showing that we care about the safety of our employees. Our insurance costs have increased over the last three years, we should discuss sending requests for proposals when our insurance renews and ensure that the carrier will provide a safety audit free of charge. He also requests tracking the heating costs for the pool without solar panels to find out whether the savings the solar panels provide is worth the cost. Larry also comments that the Long Range Planning Committee requires the expertise of the Public Works Chair and the Treasurer. CORRESPONDENCE: Recording Secretary, Deborah Johnson Correspondence – Deborah Johnson, Recording Secretary Letter from a member requesting an amendment to By- Law XII – Rules and Regulations. This item will be discussed under Agenda item VII. Secretary’s Report. Incident report of 4/21/15. Member reported suspected vandalism to their fence and neighbor’s gate in the center circle. Maintenance reported that the post on the damaged fence was rotten. The neighbor was contacted about their gate and stated that they were aware of the repairs needed on their gate due to wear. There is no evidence of vandalism. E-mail received from a member with ideas for youth activities in the park. Karilee Green will speak to this item during her report. SECRETARY’S REPORT: Secretary: Jan Faulkner At the last meeting the Board discussed the four petitions and a summary was sent to all members. Based upon the feedback we have received at this point it is not necessary to address the petitions at the Town Hall Meeting. Guidelines for filing petitions have been drafted for the Board’s review. A member has requested that BBLP By Law XII be amended to allow for ratification of all Board approved Rules & Regulations changes by the membership at the AGM. One concern about how the proposal is worded is that the Board could potentially pass and enforce a rule only to have it overturned at the AGM by the membership. Jan will respond to the requesting party and find out if there in another way of addressing their concerns. Circle Representative Committee Terms of Reference – Circulated to the Board was the original draft proposed in June 2014 and the amended draft proposed by the Committee in September 2014. Jan grouped and consolidated the text and discussed these items with the Circle Representative Committee Chair, Doug Parmenter. MOVED by Jan Faulkner and SECONDED: Acceptance of the Terms of Reference for the Circle Representative Committee. CARRIED. VIII. PRESIDENTS’S REPORT: Coleen Hunter, President Rather than doing our traditional survey perhaps we should include the opportunity for the membership to provide their suggestions for the use of the General Manager’s residence, once it is vacated, and other feedback on items for the Long Term Planning Committee to consider. The Board discussed its support of the survey and with the dynamics of the park changing it is important to find out how the members feel about future upgrades for the Long Range Planning Committee to consider. The Town Hall Meeting – I would suggest that every Director give a short report and circulate it to the Board to allow for feedback prior to the meeting. E-mail is now a part of the permanent records of the Association. I have distributed the E-Mail Etiquette policy to the Board. Action Item: Deborah is to post the Terms of Reference for the Circle Representative Committee and E-mail Etiquette on the Park’s website. IX. Directors Reports Grounds & Maintenance: Jan Faulkner The site visits are progressing. For the most part, by the time I got the letters prepared to address the deficiencies on the first group of site visits, many of the items of concern were already addressed by the members and there was no need to send a letter Main issues that I am finding are the winter protection tarps are still up and need to come down. Hedges are becoming increasingly an issue. Members with well-established hedges that are not in compliance with the rules are different than a hedge that is young and progressing. I don’t see any reason to be lenient about asking that these young hedges be maintained. The other issue is the manipulation of grade to allow hedges to get even higher. I would like to address the issue of untidiness at the sites and will drafting my thoughts to be sure that I am on focus with the values of the Board. We have some highly qualified volunteers for the Site Remediation Committee. Public Relations & Communications: Taryn Bell The Newsletter has been published by Debbie Stewart We should have a bulletin board on the pool deck to post reminders regarding park events. During a walk in the park with my dogs, I came across an aggressive animal on a leash it made me think that we should have an off-leash area in the park for dogs under a certain weight, perhaps make use of a berm. Maybe include this in the member survey. In moving forward on the website, we should look at an American provider due to the requirement for staff training. Recreation & Entertainment: Karilee Green I received an e-mail from a member with suggestions for youth activities. One was teen swim, which I fully support. The other is a request for a pickle ball court. The Board discussed the popularity of pickle ball and will contemplate the options for a suitable location to be included on the member survey. Dogs should not be allowed to be off leash in Circle 17. I cannot think of a place in the park suitable for a dog park We still do not have a volunteer to coordinate Kid’s Day at the Pool or Sports Day. The past coordinators are getting older and younger members need to step up and coordinate these events or they will be cancelled. Karilee will speak with the previous coordinators for Kids Day at the Pool to see if they are interested in stepping up again this year. The Board discussed that the duties of a coordinator be defined to assist in recruiting volunteers. ADJOURNMENT: The Open Board Meeting adjourned at 10:53 am NEXT REGULAR MEETING: June 13, 2015 Chair:_________________________________Recording Secretary: _____________________________ Board members are reminded that they must declare any interest that relates to an item of discussion. Board members have been placed in a position of trust, and it is their responsibility to honor the Association’s need to keep certain information confidential. QUESTION and ANSWER PERIOD: See Attachment “C” to these minutes. ATTACHMENT A Page 1 of 1 GENERAL MANAGERS REPORT – DON BROWN For the Month of 04/11/2015-05/09/2015 Training Budget Approved First Training to be provided will be First Aid, CPR, and AED followed by Incident Reporting for Security Calendar to be finalized by priority for further training Future Park Improvements Completed Pea gravel around Elm and Circle 17 swing sets New Chains on Elm swing set New stairs at the landfill dumpster are complete with signage New Hires Brad Benard – Grounds Technician Still Security to fill Jennifer Timmerick is part time office and part time security now This Month and Beyond Future Park Improvements Coming Up Chains on Circle 17 Swing set will be replaced Black chains and posts along entrance will be painted Rotten boards on horse shoe to be removed and replaced Bocce Court Improvements Beams are onsite ready to be painted and installed Type of surface still to be determined Brush bin and recycling area at the Brier to be installed decision of location to be finalized The big fir tree on south side of security shack has been examined by a tree professional. He has been determined the tree will become a hazard if roots are pruned in order to fix the walkway. Possible options are as follows: Reroute walkway so roots are not pushing up asphalt. Raise the walkway by adding more asphalt (more temporary) Remove tree – although not in line with the Businesses vision it does enhances safety and security. ATTACHMENT B Page 1 of 2 Birch Bay Leisure Park Board of Directors Meeting May 9, 2015 Treasurer’s Report Penalties Need a motion concerning going to the final step with the one member who has not made the full payment for dues and penalties. Budget and Dues The Finance Committee, along with Don and Deborah, have made their recommendations after approaching the numbers in the usual fashion. Attached is the Budget. Review the methodology. Some highlights concerning the preparation of the budget for the balance of 2015: Under Garbage we are saving some funds with the new cardboard set-up and hope that it will bring more good results as our members embrace the new set-up. Under Public Relations we have included the budgeted amount for website work. Security is a little higher than usual has LeRoy is completing his projects as indicated. Wages reflect unusual items such as extra salaries as we carry through with our transition to the General Manager position. Good news is that the rates have gone down with our health plan. However, we are embarking on a training program which includes safety, first aid, etc. allowing a budget of $8,500. Under Other the Board contingency has been decreased a couple of thousand dollars from the original $24,870. This change is a reflection of the fact that the first 3 months of the year are done and resulted in a bottom line of over $23,000. Please note that the Entertainment committee will potentially spend $10,000 based on their requested items – which we will discuss later. In addition, during 2015 this committee will be finishing its commitment for the completion of the Bocci Bistro, a sharing arrangement of certain costs with the Park (something like $1,500. This $1,500 is reflected under Repairs. Recommendations of the Finance Committee: 1. Dues to remain unchanged at $870 for the balance of the 2015 year. 2. Move $50,000 cash and increase the Long Range Planning Reserve Fund accordingly. The Committee will continue to review the Excess Cash as previously discussed for further possibilities here. The Committee wishes to hold back decisions to increase this fund further, waiting until the completion of Brier. 3. For 2016 the Committee would like to recommend 2 changes: Increase initiation fee from $500 to $600 – it has been years since the last increase. Increase the Transfer Fee (e.g. among relatives) from $75 to $100 – for the same reason. Entertainment Committee Proposed Spending We confirmed all proposed spending but wished to discuss soccer nets and did not approve a new bingo machine. Introduce Dean who will answer your questions. ATTACHMENT B Page 2 of 2 Brier It is clear that we are not going to be able to purchase such things as gym equipment and appliances and certain things will remain unfinished. We are coming to the end of the budgeted funding. Hunt for a Treasurer I now have some possibilities and have not completed following up my leads. Long Range Planning Committee I would like to volunteer as the Chair of the Long Range Planning Committee and continue to carry this portfolio past the end of my tenure into 2016. Town Hall Meeting I would strongly suggest that any presentations to be made should be reviewed by the Board well in advance of the meeting. ATTACHMENT C Page 1 of 1 Question & Answer Period: The Chair reminded the audience that the Recording Secretary is taking an audio recording of the meeting for purposes of documenting the minutes of the meeting. Please note some of the dialogue, comments and discussion during the question period may not be captured in these minutes, all direct questions posed and responses from Board are summarized and recorded. Question: The member from 53-01 asks when Brier will be finished and we can have a grand opening. Answer: We are waiting on the Whatcom County inspector to give us the occupancy permit. The railings for the back deck are not installed yet. The opening date will depend on a couple of things, but we could have an opening as early as Saturday May 16th. The Treasurer, Steve Lake and the member from 50-02 discussed the accuracy of the IRS rules regarding stay in the US for non-residents to be researched and clarified at a later date. Question: The member from 52-03 commented that Kids Day at the Pool might require two coordinators, one for food and one to run the pool events. Suggests that teen swim would not require supervision and shared his experience with pickle ball. Question & Answer Adjourned @ 11:03am Birch Bay Leisure Park Association 7704 Birch Bay Drive Blaine, WA 98230 (360) 371-7122 www.birchbayleisurepark.com MINUTES of the OPEN MEETING of the BOARD OF DIRECTORS PLACE: CHAIR: BBLP Elm Center 7704 Birch Bay Drive Blaine, Washington DATE: Saturday, April 11, 2015 TIME: 9:00 a.m. President Coleen Hunter PRESENT WERE: Directors: Steve Lake – Vice President & Treasurer Jan Faulkner – Grounds & Maintenance Jeff Stott – Rules & Regulations Taryn Bell – Public Relations & Communications– absent with regrets Larry Scott – Public Works & Special Projects Karilee Green – Entertainment & Recreation BBLP Staff: Don Brown, Interim General Manager LeRoy Smith, Operations Manager Deborah Johnson, Recording Secretary / Accountant 12 audience members in attendance. Meeting Protocol The Chair advised members in attendance that the Board will be conducting the business of the Regular Meeting without interruption. The Board may consult with the Recording Secretary in the due course of the board meeting on matters where the secretary has technical knowledge in response to a matter discussed in the meeting. At the conclusion of the business of the Regular Meeting there will be a question period for members present in the audience. At the conclusion of the question period the members may be asked to leave so the Board may conduct a closed Executive Meeting. I. APPROVAL OF THE AGENDA FOR THE MEETING MOVED by Karilee Green and SECONDED: Approval of Agenda. CARRIED II. APPROVAL OF THE BOARD MEETING MINUTES OF March 15, 2015. MOVED by Jan Faulkner and SECONDED: Approval of Board Meeting Minutes of March 15, 2015 CARRIED III. CIRCLE REPRESENTATIVE REPORT: Doug Parmenter, Circle Representative Chair. There is still a need for volunteers for Circle Representatives. If the Board has any suggestions on how they can assist in the recruitment of committee members we would be grateful. We will get the word out in the next newsletter. The first Circle Representative Meeting is rescheduled for May 24th. The office will change the calendar and send an e-mail to the Committee. We would like the Board to consider the speed limits in the park. Might a summer speed limit and a winter speed limit be something that the Board would consider? Larry Scott thanks Doug and the Circle Representatives; they are a valuable asset to the governance of the park. The Board, through the terms of reference, regards the requests by the Circle Representative Committee as a priority. Those who commit to volunteer for this committee should know that they will be contributing to the park. IV. INTERIM GENERAL MANAGER’S REPORT: Donald Brown, Interim General Manager See Don’s Report; Attachment “A” to these minutes. I’ve done some research on restoring the Bocce Courts. It’s roughly $1,400 to replace the timbers. It will take about three work days to remove and reinstall the timbers. We are awaiting a recommendation for the surface of the Bocce Court. The Board discussed how they enjoy Bocce and the importance or resurrecting the Italian Bocce culture in the park. Perhaps include a tournament with the spaghetti dinner that was held last fall, that was fantastic. Thanks for Don for reaching out to Jack Chessa and his team. We are looking to provide the resources to them for the Bocce. V. VI. VII. TREASURER’S REPORT: Steve Lake, Treasurer Steve Lake reports on the March 2015 Profit and Loss Statement and noted variances. See Attachment “B” to these minutes. Two members have not paid their dues in full. Final notice will be sent by registered mail. Long Range Planning Committee- Two members, a director and a representative from the Finance Committee have volunteered to sit on the Long Range Planning Committee. Larry Scott intends to reconstitute the Long Range Planning Committee at the May 9th Board Meeting. The results of the last Long Range Planning Committee was quite good, providing a good format to work off of. It is my hope that the committee think outside the box, adding new things as opposed to maintaining and upgrading existing assets. Employee Health Insurance is up for renewal. The recommended plan has a cost savings. CORRESPONDENCE: Recording Secretary, Deborah Johnson E-mail received from a member requesting a change in the Rules & Regulations regarding vinyl fence colors. To be discussed under agenda item IX. Director’s Reports; Rules & Regulations by Jeff Stott. E-mail from a member requesting the Board research whether or not BBLP By Law VI c. is correct. This item will be discussed under Agenda item VII. Secretary’s Report. Incident report of 3/27/15. Guest of a member failed to stop at the gate causing damage. Staff was called in to fix the gate after hours. The Board directed that if the member pays for the cost of repairs, the park will waive the $100 fine. An e-mail was received from a member complaining about their neighbor’s hedge being infested and encroaching onto their site. Jan has visited this site and will follow up. Four petitions received in the office and forwarded to the Board of Directors. This item will be discussed under Agenda item VII. Secretary’s Report SECRETARY’S REPORT: Secretary: Jan Faulkner By-Law VI c. – After researching this item, I found that this By-Law, as it reads currently in the By-Laws and Rules & Regulations, is incorrect. See Jan’s Report; Attachment C to these minutes. MOVED BY JAN FAULKNER AND SECONDED to correct By-Law VI c. to read “Nominations for the office of Director of the Association shall not be valid unless a written acceptance of such nomination by the nominee has been filed with the Secretary at least thirty (10) days prior to the election” and redistribute the corrected By-Laws & Rules and Regulations to the membership. CARRIED. On April 1st we received an envelope containing four petitions; the original was addressed to “Secretary” and a copy for each of the Board Members. Petition #1 calls for an amendment to By-Law II (c) (8). Petition #2 calls for an amendment to By-Law I (b). Petition #3 calls for the termination of a park employee. Petition #4 calls for the removal of an Officer of the Association. In preparation for today’s meeting I have reviewed the petitions from a clerical standpoint and have sought a legal opinion from the park’s attorney for the Board to consider prior to making a determination. The Board will be given the information received from the lawyer at the Executive Meeting following the adjournment of today’s meeting. The Board discussed the petitions, the number of valid signatures by members in good standing on the petitions, the implications of the By-Law changes to the day to day operations of the park, potential legal problems, and the cost of a Special General Meeting. VIII. PRESIDENT’S REPORT: Coleen Hunter, President The General Manager Search – The committee has reviewed all resumes that have been prescreened. We conducted phone interviews with the short list of candidates. The Board will be given an update at the Executive Meeting following the adjournment of today’s meeting. We are on track and proceeding as planned. The Treasurer, Steve Lake reminded the committee that the budget is recommended to the Board by the Finance Committee in November and May prior to assessment mailings. The staff training initiative expense and other budget adjustments can be presented to the Finance Committee in May. IX. Directors Reports Rules & Regulations: Jeff Stott A member requested a change to the Rules & Regulations relating to vinyl fence color options. MOVED by Jeff Stott AND SECONDED to amend Rule & Regulation Section A, 2. h. to read “Side and privacy fences must be stained or painted but colors are restricted to those shown on the approved color chart, which is available at the Administration Center. Masonry fences may be left in natural color or painted white. V i n y l ( P V C ) plastic fences are also allowed but colors are restricted to those shown on the approved color chart, which is available at the Administration Center.” CARRIED Action Item: Request Diane Smith at 11-03 to review the current color chart. The discussions that took place today really highlight the ambiguity of the By-Laws and Rules and Regulations. The By-Laws & Rules and Regulations only have jurisdiction to the members. As such, only a member or members in good standing can start or launch a petition, the petitioner must be named. It would not be a legal document under our By-Laws if it was not brought forward by a member. The petition has to be dated. Each page should contain the same information for the signers, dated and petitioner named. Only those areas within the members’ jurisdiction should be petitioned as Federal and State law supersedes the Association’s By-Laws & Rules and Regulations. There are various methods to communicate with the Board of Directors. The Circle Rep Committee is a vetting committee that brings initiatives forward to the Board of Directors. Submitting your questions and concerns through correspondence is another. The petition should be one of the last mechanisms, but it is a legitimate one. The Board of Directors has the ability to adjust the Rules & Regulations on an ongoing basis. There are ways to socialize an idea and launch it through correspondence quite quickly. By-Laws really should be an AGM issue. Public Relations & Communications: Taryn Bell X. In Taryn’s absence the Chair reminds the Board the deadline for newsletter submissions is April 22nd. Recreation & Entertainment: Karilee Green I have nothing new to report at this time. Volunteers are still needed. Grounds & Maintenance: Jan Faulkner I started the site visits. I regret that much of this other work has burned up quite a few hours and didn’t achieve as much as I wanted but they are ongoing. I am pleased to say that at this point the ratio appears to be quite a bit less than last year. What we will be facing this year is the difficult task of bringing sites into compliance that were cited last year. I will submit an update to the Board. Public Works/Special Projects: Larry Scott Brier Update- Yesterday I did a walkthrough; the drywall is installed, the rear patio has been formed and the patio will be poured this coming week, the ramps will follow, the railings are being fabricated, the inside painting is to start this week, along with the finish carpentry and cabinets. The best guess we have is a completion date of May 15th. Trades are working extended hours and weekends to make that happen. We have some budget discussions to work with the contractor on. It is a complicated contract because of all the changes that were a result of the FEMA requirements, having a domino effect all the way through the project. Brier Opening – Karilee has offered to work with me on the opening. The date is critical. Once we finalize something we can work with we will reach out for volunteers. NEW BUSINESS MOVED by Larry Scott and SECONDED. A vote of confidence for our President, Coleen Hunter. CARRIED. The following was discussed by the Board: The amount of time and energy Coleen contributes does not go unrecognized. This President works a lot harder than most presidents behind the scenes. Her contributions to human resources and volunteerism have been extraordinary. The Board of Directors has accomplished a lot in the last four years, while being more transparent. Coleen was a significant part of that. No Board can predict what questions will be brought before it and the need for legal counsel. n The legal costs in 2010 – $17,900, 2011 – $25,700, 2012-$1,597.50, 2013 – $957.50 & 2014 $1,677.50. Clearly the feeling of the petitioners that there was poor use of Association resources and needless referral to legal counsel were inaccurate. ADJOURNMENT: The Open Board Meeting adjourned at 10:32 am NEXT REGULAR MEETING: May 9, 2015 Chair:_______________________________ Recording Secretary: _____________________________ Board members are reminded that they must declare any interest that relates to an item of discussion. Board members have been placed in a position of trust, and it is their responsibility to honor the Association’s need to keep certain information confidential. QUESTION and ANSWER PERIOD: See Attachment “D” to these minutes. ATTACHMENT A Page 1 of 1 GENERAL MANAGERS REPORT – DON BROWN For the month of 3/15/2015 - 4/10/2015 Park Improvements ❖ ❖ ❖ ❖ New Transmitter and receivers installed at front gate. Swing set at Elm repaired with four main stabilizers and is now safe to use. Asphalt patches at the front entrance and the administration. The guard shack roof and the old mailroom. Pot Hole Repair ❖ Approximately 1/2 of park repaired ❖ Shovel and spread by hand into pot hole, cover with gravel, and then smooth with tractor. Job Openings ❖ Currently there is a posting for a job in the Maintenance Department for the position of Grounds Technician. New Hires ❖ Sandra Cain has returned to the team to assist with custodial duties in the Maintenance Department reporting to Ken Perrin. Sandra has been consistent with her work ethic and always has a smile. A good addition to our team. This Month and Beyond Soon To Posted Jobs ❖ Two Seasonal Security Staff ❖ One Seasonal Pool Attendant Staff Returning in the coming Months ❖ Chris and Diane, two of our pool attendants from last year have committed to returning to their previous duties for the season. Tent Caterpillars *2nd reminder due to notice of population* ❖ ❖ ❖ ❖ ❖ Already seeing signs of Information about Tent Caterpillars can be found at the following websites: http://www.orqanicaardeninq.com/learn-and-qrow/tent-caterpillars http://iennv.tfrec.wsu.edu/opm/displaySpecies. php?pn=580 Prune nest out of tree seems to be most common control. Future Park Improvements ❖ Pea gravel to be spread around at Elm and Circle 17 swing sets. This will enhance the appearance while helping to reduce the chances of a child being injured ❖ Training plan developed and proposed. Includes L and I compliance items and employee skill development trainings. ATTACHMENT B Page 1 of 2 Birch Bay Leisure Park Primer for Understanding Board Meeting Financial Report March, 2015 Most months the Treasurer reports on the Profit and Loss for the month and year-to-date for BBLP at the monthly Board meeting. At the September 2014 Board meeting it was decided to include the actual financial data provided to the Board as part of the minutes. The intent of this Primer is to provide some guidelines to aid in a reader’s understanding of the financial material presented. First of all please understand that the Profit and Loss statement presented represents a summary of pages and pages of financial data and so you may not get everything you wish out of the information provided. If that is the case it is possible to ask questions at the monthly Board meeting. Highlights for Understanding 8. The account names correspond to those provided in the year-end financial statements and represent groupings of accounts. 9. The Current column represents the actual income and expenses for the month. 10. YTD for the month represents the total actual income and expenses for the year-to-date commencing January 1 to the month being analyzed. Our year end is December. 11. YTD budget represents the budgeted figures for the YTD for the month being analyzed. The budget is updated twice during the year – once in May and once in November. 12. YTD budget variance represents the difference between the actual YTD numbers compared to the budgeted YTD numbers. A bracket in the income area demonstrates a negative impact on the bottom line while a bracket in the expenses area represents a positive impact on the bottom line. A nonbracketed item demonstrates the reverse in each section of the Profit and Loss. 13. The commentary at the far right is an explanation of the material negative and positive impacts and represents the term Variance Analysis. Sometimes a variance requires a change in strategy so the negative impacts don’t happen again. 14. At the bottom of the page there will be a summary of items included in the Profit and Loss that have been included here but budgeted as Long Range Planning Fund expenses. For bottom line variance analysis the impact of these items should be removed. Please read the above in conjunction with the monthly Profit and Loss statement provided in the Board Meetings. ATTACHMENT B Page 2 of 2 Birch Bay Leisure Park Profit and Loss - March 2015 Actual/Budget Comparison Current Mar '15 YTD Mar '15 YTD Budget YTD Budget Var Income Dues Initiation Fees Late Fees 104,110 1,000 150 312,330 3,000 850 312,330 2,600 1,200 400 (350) Special Charges & Other Mailboxes Newsletter Income Storage Sites Interest Income Total Income 462 35 650 962 107,369 2,426 6,800 320 1,950 3,057 330,733 2,428 6,856 325 1,824 1,017 328,580 (2) (56) (5) 126 2,040 2,152 1,613 361 0 4,341 1,194 358 4,521 1,306 290 (180) (112) 69 Expense Garbage Grounds Pool Repairs & Maintenance Supplies & Tools Truck, Tractor & Auto 3,885 137 372 16,997 1,548 3,659 18,985 1,296 3,836 (1,988) 252 (177) 38 (1,599) (1,861) 262 3,089 1,225 - 9,251 206 4,800 - 8,424 211 4,680 - 827 (4) 120 - 298 336 998 1,162 730 1,156 268 6 4,801 10,852 13,640 (2,788) Propane Sewer Water 2,461 18,973 10,518 4,588 23,041 12,772 6,759 23,193 12,934 (2,171) (151) (162) Wages Wages - Tax & Benefits 22,712 10,778 74,816 37,400 79,893 39,505 (5,077) (2,105) Property Taxes Sundry Board Contingency Total Expense 81,598 59,454 265,839 60,876 280,373 (1,422) (14,534) Net Ordinary Income/(Loss) 25,771 64,894 48,208 16,686 Other Income and (Expense) Depreciation Asset Disposal Income Tax Provision Entertainment Prior Year Correction (13,600) (492) - (40,800) (462) - (40,800) (2,174) - (1,712) - Net Income/(Loss) 11,679 23,632 5,233 Bank Charges & Exchange Insurance Expense Legal & Accounting Office Expense Public Relations Security Telephone Power 18,398 718 @1,740 - increase of $145 from 2014 There are 23 sites listed for sale. 2 members have outstanding dues YTD $600 for sale advertising, $400 laundry rebates, $590 recycling or aluminum / metal 15 mailboxes available Newsletter sales start in May 16 storage spaces available R&M is usually under budget in the first quarter as the majority of the budget is spent in the summer months. Stocked up on custodial supplies. ($1,675) is the foreign exchange reversal from 2014. Insurance increased $2,400 compared to prior year. Higher legal costs anticipated for 2015 Purchased gate cards & upgrading camera equipment Power expense is lower than anticipated due to a warm winter Propane expense is lower than anticipated due to a warm winter and Brier was not heated. Maintenance staff reduced by 1 during Jan - Feb. Wages / Taxes still higher compared to prior year. Annual Property Tax expense is $351 lower than prior year. Contingency budget is 24k or 2k per month Deposit for Mariner's tickets was $492 ATTACHMENT C Page 1 of 6 REPORT To: President and Board of Directors From Deborah Johnson, Recording Secretary Jan Faulkner, Secretary Date: 29 March 2015 Re: Birch Bay Leisure Park Association Bylaw VI Clause (e) Irregularities in Bylaw Change Documentation Purpose To correct an irregularity identified during a review of previous bylaw amendments and address a reported (suspected) error by member Sharon Ingham. This review will attempt to document what occurred so that members may be confident in the accuracy of the published bylaws, rules and regulations. To recommend how the matter might be resolved. Background Prior to the 2014 Annual General Meeting, questions were raise regarding BBLP Bylaw VI Clause (c). Clause (c) provides that nominations for positions of director of the Association must be filed in advance of the AGM by a specific number of days. At that time, questions were raised by individual members regarding the circumstances surrounding the change from “10 days advance filing” to “30 days advance filing” of nomination paperwork and the inability to inspect the amending documents. Nomination forms provided by the Park Office cited 10 days while the circulated consolidated bylaws listed 30 days advance filing contributed to the confusion. A review of the Association’s records of the September 4, 2011 Annual General Meeting revealed some questions regarding the change. In the months leading up to the 2011 AGM, amendments to ten (10) bylaws were discussed and debated. In the end, only eight (8) amendments were actually presented to the membership for consideration. In 2012, a question arose regarding the provisions of Bylaw VI Clause (c). This was the first AGM following the bylaw changes that occurred at the 2011 AGM. There was confusion at the time and it was decided by the board to use 10 days pending a review. As result, the volunteer Recording Secretary at the time was instructed to conduct a review and concluded that the bylaw changes were complete and performed correctly. He then prepared a consolidated set of bylaws dated July 2013 and circulated same to members. The two (2) planned amendments removed from consideration were Bylaws VI (b) dealing with proxy votes and Bylaw VI (c) which required advance filing of nominations. However, member concerns continued regarding amendments. ATTACHMENT C Page 2 of 6 Bylaws, Rules & Regulations as of 05 September 2010. Association records confirm the text of By-law VI (b) as of 05 September 2010 to read as follows: “b. Proxy votes shall not be allowed.” Our records also state the text of By-law VI (c) as of 05 September 2010 to read as follows: “c. Nominations for the office of Director of the Association shall not be valid unless a written acceptance of such nomination by the nominee has been filed with the Secretary at least ten (10) days prior to the election.” From the Notice of Meeting for the 04 September 2011 Annual General Meeting Below is a reproduction of the agenda for the 04 September 2011 AGM. 1. Call to order 2Approval of - the minutes of the previous AGM (September, 2010) 3 Presidents remarks and introductions - Coleen Hunter 4. Election of Directors 5. Treasurer's Report - Susan Stuart 6 Accounting Procedures and Policies report - Norm Grdina 7 Directors' Reports: Entertainment - Karilee Green Recreation - Bruce Dobinson Public Works & Special Projects - Larry Scott Public Relations & 40th Anniversary - Bryan Evans Rules & Regulations - Ron Vandenberg 8. Other Reports: General Manager - LeRoy Smith Circle Rep Chair - Bob Saunders 9. Bylaw Amendments 10. Other Business – Question and Answer Period 11. Closing remarks 12. Election Results 13. Adjournment Contained within the Notice of Meeting package was a four (4) page summary of the proposed bylaw amendments. The proposed amendment numbers and the specific bylaws and clauses are listed below: Amendment No 1 Amendment No 2 Amendment No 3 Amendment No 4 Amendment No 5 Amendment No 6 Amendment No 7 Amendment No 8 Bylaw I Clause (d), (e) and (f) Membership Bylaw I Clause (i) Membership Bylaw II Clause (c) (2) Bylaw II Clause (e) Bylaw II (d) Bylaw V (c) Bylaw V (d) Bylaw IX Please note that there is no reference to a proposed amendment to Bylaw VI (b) or Bylaw VI(c). ATTACHMENT C Page 3 of 6 From the Minutes of the September 04, 2011 AGM Please note that there is no reference to the adoption of amendments to Bylaw VI (b) or Bylaw VI (c). “Bylaw Amendments Ron Vandenberg on behalf of the Rules and Regulation review moves the following amendments to the By-Laws for approval; To amend Bylaw I; Memberships. Clause (d) and (e) and (f) to read: New Clause d; I. Violation of any rule or regulation of the Association following a hearing before the Board, such hearing to be held within 30 days of notification to the member. Any findings or decision of the Board of Directors from the hearing shall be binding on the member(s) whether or not attended by the member(s). 2. Delinquency of any assessment or other monetary obligation of the member(s) to the Association for a period in excess of ninety (90) days after its due date. In the event of a cancellation of a membership, the Board of Directors shall notify the member in writing of the cancellation and authorized by these By-Laws to arrange for the sale of that person's membership and the removal and storage of trailer and/or vehicle situated on the member’s site. In no event shall the membership be sold for less than the best available price, as determined in the sole and absolute discretion of the Board of Directors. The monies received from such sale shall be transferred to the person or persons whose membership has been cancelled less any dues or assessments outstanding and all and any costs or disbursements including legal attorney's fees from initial violation forward, bailiff and storage fees. On cancellation of membership, the affected member(s) appoint(s) the Association through its secretary as his/her/their attorney in fact to arrange for the transfer of the membership and the removal and storage of the trailer. New Clause e: A member(s) whose membership has been repossessed shall: 1) cease to be, and shall not be eligible to become a member of the association at any time in the future and 2) not attend any meetings of the association and 3) be denied access to the park including without limitation as a guest of another member. Clause f: This provision shall apply to the member(s) immediate family which includes spouse and children. Membership privileges may be suspended by the General Manager with the approval of the Board of Directors of the Association. Motion by John Unsworth 23-01 to amend clause “f” by striking shall and inserting “may at the discretion of the Board of Directors" Amended clause. (f) to read: This provision may, at the discretion of theBoard of Directors, apply to the member(s) immediate family which includes spouse and children. Membership privileges may be suspended by the General Manager with the approval of the Board of Directors of the Association. Amendment to clause (f) adopted by the required two-thirds vote. Amendments to Bylaw I. Memberships Clause (d) and (e) and (F) adopted by the required two-thirds vote. To amend By-Law I; Memberships. Clause I to read: Clause I: Every member is required to provide the Secretary through the Administrative office of the Association in writing of his/her current mailing address. Failure to do so is a violation of these By-Laws. Motion by Ron Vandenberg to amend the amendment to Clause i by adding “or email” after "writing” 'Amended clause I to read: Every member is required to provide the Secretary through the Administrative office of the Association in writing or email of his/her current mailing address. Failure to do so shall be a violation of these Bylaws. Amendment to clause I adopted by the required two-thirds majority. To amend By-Law II by striking Clause c2. And inserting a new Clause c2. as follows; New Sub Section c2: To appoint a Nominating Committee Chair by May 3lst following the Annual General Meeting. The duties of the Nominating Committee chair shall consist of forming a committee of members in good standing at the option of the Chair, and using reasonable efforts to ensure that a sufficient number of eligible names shall be presented to the Annual general Meeting as candidates for office. Amendment to By-Law II c2 adopted by the required two-thirds vote. To amend By-.Law II by striking Clause e by removing the clause in its entirety. ATTACHMENT C Page 4 of 6 Clause deleted and clause f to be reassigned as a new clause e. Amendment to By-Law II Clause e adopted by the require two-thirds vote. To amend By-Law II .d. By striking "meetings of the Board of Directors in a period of not less than two months" and inserting "regular meetings of the Board of Directors”. New clause d: ln the event that any Director shall not attend three consecutive regular meetings of the Board of Directors, the Director shall be deemed to have submitted their resignation as a Director of the Association. Amendment to By-Law II clause d. Adopted by the required two-thirds vote. To amend By-Law V by adding a new Clause e; New Clause c: Electronic real time communication attendance for transaction of business at a Meeting of the Board of Directors will be limited to less than 50% of regular and special meetings per calendar year. Motion by Ed Klassen 48-10: to strike "less than 50%" and replace it with “50% or less” Motion Defeated Amendment to By-Law v adding New Clause c. Adopted by the required two- thirds vote. To amend By-Law V. by adding a new Clause d New Clause d. the quorum for the transaction of business at a closed Executive Meeting of the Board of Directors shall be four (4) Directors. Attendance will be in person; teleconferencing or other real time communication will not be permitted Amendment to By-Law' V adding new clause d. adopted by the required two-thirds vote. To amend By-Law IX to read: Printed copies of the By-Iaws, rules and Regulations will be kept and made available for Viewing at the Administration Office for those who not have internet or computer access. Motion by Mike Murrell MR-25; to amend the amendment by striking “for viewing” Motion adopted by the required two-thirds vote Amendment to By-Law IX. Adopted by the required two-thirds vote.” Bylaws Revised to 04 September 2011 Following the 04 September 2011 AGM, the By-law, Rules & Regulations were updated, consolidated and distributed to members. Unfortunately, Bylaws VI (b) and VI (c) were incorrectly shown as have been amended as shown below. The printing was identified by the notations “Rev 09/04/2011” and “September 2011”. “Bylaw VI (b) That one proxy vote per member is allowed providing that the persons offering the proxy has submitted their vote on a form approved by the Board specific to the election of a Director.” “Bylaw VI (c) That nominations for the office of Director of the Association shall not be valid unless such nomination by the nominee is filed with the Secretary or the Nominating Chair, or Designated Person at least (30) days prior to the election.” At some point during the year, the clerical error was detected. Attempts were made to provide an explanation leading up to the 2012 Annual General Meeting culminating in the opening remarks documented in the AGM minutes of 02 September 2012. From the Minutes of the September 2012 AGM This from the opening remarks at the September 2, 2012 Annual General Meeting: st “MINUTES OF THE 41 ANNUAL GENERAL MEETING st The 41 Annual General Meeting was called to order in the Semiahmoo Ballroom at the Semiahmoo Resort at 10 am September 2, 2012 by chair, Coleen Hunter. ATTACHMENT C Page 5 of 6 Organization of meeting The Chair reported that the requirement of thirty (30) days notice of the meeting was met and one-hundred and twentyfour (101) voting members had registered in person meeting the quorum requirement of seventy-two (72). There were 133 members and guests present in total. Parliamentarian K. Ann McCartney was introduced. The attached rules of order were read by the secretary and adopted by unanimous consent. (Attachment A). The minutes of the September 4, 2011 annual general meeting were approved as amended, by unanimous consent of the Minutes Approval Committee. In the course of the Boards deliberations for the 2011 Annual General Meeting, two amendments to the By-Laws were contemplated but the Board of Directors decided not to bring these two amendments forward. Unfortunately, when the 8 amendments to the By-Laws brought forward to the membership were approved the By-Laws were incorrectly amended to st include the two that were brought forward for approval. The 1 By-Law VI (b) will be amended to read “proxy votes shall not nd be allowed” as it read prior to incorrect change. The 2 By-Law VI (c) will be amended to read “Nominations for the office of Director of the Association shall not be valid unless a written acceptance of such nomination be filed with the Secretary at least ten (10) days prior to the election.” Following the 2012 AGM, the board received questions from members regarding bylaw amendments indicating that confusion continued regarding By-Law VI (c) and the number of days required for advanced nomination filings. Consolidated and Revised By-laws, Rules and Regulations – 13 July 2013 The 2013 Recording Secretary was asked to review the records and set up an index listing the recent changes to bylaws and rules & Regulations. The review was completed in early 2013 and a revised document including bylaws, rules and regulations was circulated to members and posted on the Association’s website. The document included an index of changes to bylaws which summarized the changes. A second index was also included listing changes to various rules/regulations. The document was identified with the notation “Revised 13 July 2013” on Page 1. When the Association’s bylaws were consolidated and revised to July 13, 2013 it appears that there was an error in identifying By-Law VI Clause (c) as (e) and the number of days for advanced filing was still wrong.. Below is a reproduction of Bylaw VI as released to the membership. The arrow adjacent to By-Law VI Clause (e) highlights the error in clause numbering. Bylaw VI ELECTION OF DIRECTORS: a. Election of Directors shall be conducted by the Nominating Committee Chairman at the Annual General Meeting. b. Proxy votes shall not be allowed. e. Nominations for the office of Director of the Association shall not be valid unless a written acceptance of such nomination by the nominee has been filed with the Secretary at least thirty (30) days prior to the election. d. In the case of multiple names on a Certificate of Membership, only one person from that membership m a y serve on the Board at any given point in time. Revised July 13, 2013 ATTACHMENT C Page 6 of 6 In addition to the correction in the text of Bylaw VI (c) the Appendix A - By-Law Revisions shown below should also be corrected by removing the entry. “By-Law VI; Election of Directors: Clause (e) amended September 04, 2011 by deleting “10 days” and inserting “30 days” in its place.” Looking forward to the Annual General Meeting in September 2015, member Sharon Ingham, Site 51-05 has again asked for clarification. Conclusions: Although considerable care has been taken in the production of the consolidated bylaws and rules & regulations, within the limits of available time and facilities it is inevitable that in so large a work that there will be errors, both mechanical and of judgment. Clause (e) of Bylaw VI contains specific requirements for advance filing of nomination forms for members wishing to be elected as a director. The Association’s consolidated bylaws of July 2013 inadvertently failed to correctly represent the number of days required for advance filing of nominations. ”. The presence of the “30 days” wording is clearly a technical mistake and should now be remedied. Clarification of the actual text of Bylaw VI (c) not Bylaw VI (e) should be corrected to read “10 days”. Actions Taken: In preparation for the 2015 Annual General Meeting, the Bylaws, Rules and Regulations have been reprinted making the corrections mentioned above. The Microsoft Word document will be identified by adding a page number using the footer format “Page x of x” and including the date “11 April 2015” on each page. The title page will also be amended to display “Consolidated to 11 April 2015 for Convenience” and “Supersedes 13 July 2013 Printing”. In addition Nomination Forms will be reviewed to include the correct provisions of Bylaw VI (c). The 13 July 2013 version of the By-Laws, Rules & Regulations will be removed from the Association’s website and replaced with the 11 April 2015 printing. Jan Faulkner, Grounds & Maintenance ATTACHMENT D Page 1 of 1 Question & Answer Period: The Chair reminded the audience that the Recording Secretary is taking an audio recording of the meeting for purposes of documenting the minutes of the meeting. Please note some of the dialogue, comments and discussion during the question period may not be captured in these minutes, all direct questions posed and responses from Board are summarized and recorded. Comment: LeRoy Smith, Operations Manager pointed out that the legal costs in 2010 were a result of a previous employee contesting his termination which was covered by insurance. Another significant legal cost was to revoke a membership. Comment: The member from 50-02 defended her efforts in collecting signatures for three of the petitions. Response: The petitions are demanding that the Board do everything correctly. The Park’s lawyers are to council with us and a determination will be made. We ask for your patience. The Rules & Regulations Chair will be proposing guidelines for launching petitions and collecting signatures. We have to be fair the members that did not sign the petitions, not spending money on a Special General Meeting that is not required. We recognize that the members that signed the petition have a grievance that needs to be addressed. You work is appreciated. Thank you for sharing your thoughts. Question & Answer Adjourned @ 10:42am Birch Bay Leisure Park Association 7704 Birch Bay Drive Blaine, WA 98230 (360) 371-7122 www.birchbayleisurepark.com MINUTES of the OPEN MEETING of the BOARD OF DIRECTORS PLACE: CHAIR: BBLP Elm Center 7704 Birch Bay Drive Blaine, Washington DATE: Saturday, March 14, 2015 TIME: 9:04 a.m. President Coleen Hunter PRESENT WERE: Directors: Steve Lake – Vice President & Treasurer – in attendance electronically Jan Faulkner – Grounds & Maintenance Jeff Stott – Rules & Regulations – absent with regrets Taryn Bell – Public Relations & Communications Larry Scott – Public Works & Special Projects Karilee Green – Entertainment & Recreation BBLP Staff: Don Brown, Interim General Manager LeRoy Smith, Operations Manager Deborah Johnson, Recording Secretary / Accountant 15 audience members in attendance. Meeting Protocol The Chair advised members in attendance that the Board will be conducting the business of the Regular Meeting without interruption. At the conclusion of the business of the Regular Meeting there will be a question period for members present in the audience. At the conclusion of the question period the members may be asked to leave so the Board may conduct a closed Executive Meeting. I. APPROVAL OF THE AGENDA FOR THE MEETING MOVED by Jan Faulkner and SECONDED: Approval of Agenda as amended to include a report from the Grounds and Maintenance portfolio by Jan Faulkner to be inserted between the Presidents Report and Rules & Regulations Report. The topic of the Brier Grand Opening is added to Larry Scott’s Public Works & Special Projects Report. CARRIED II. APPROVAL OF THE BOARD MEETING MINUTES OF FEBRUARY 21, 2015 AND THE SPECIAL MEETING OF THE BOARD OF DIRECTORS ON MARCH 7, 2015 MOVED by Larry Scott and SECONDED: Approval of Board Meeting Minutes of February 21, 2015 CARRIED MOVED by Larry Scott and SECONDED: Approval of Special Board Meeting Minutes of March 7, 2015 CARRIED III. INTERIM GENERAL MANAGER’S REPORT: See Don Brown’s Report, Attachment “A” to these minutes. IV. TREASURER’S REPORT: Steve Lake reports on the February 2015 Profit and Loss Statement and noted variances. See Attachment “B” to these minutes. V. CORRESPONDENCE: Recording Secretary: Deborah Johnson E-mail and letter from two members concerning seating arrangements at the New Year’s Eve Dance. Both members received letters of apology for the inconvenience caused by too few tables being set up for the dance and reminded them that these events are coordinated by volunteers from the membership. E-mail from member offering to continue their efforts in support of the library at the Brier Center and makes suggestions for the Board’s consideration. A response will be sent to this member once the Board has a chance to review. A letter was hand delivered by a non-member to the park’s attorney, alleging unfair treatment. Our attorney recommended no further action is required on the matter. Several Board members were hand delivered copies of this letter and e-mails addressed to the park’s attorney at today’s meeting. VI. DIRECTORS REPORTS: President’s Report: Coleen Hunter An updated E-mail Etiquette document will be circulated to the Board for their input. We are adopting higher standards to our e-mail practices as e-mails become permanent records of the association. The General Manager Search – The resumes have been prescreened for the Search Committee (Coleen Hunter, Jeff Stott & Taryn Bell). Eight candidates are on the short list (one internal, seven external). A template for a telephone interview will be developed over the next week to prescreen the applicants on the short list prior to scheduling face to face interviews. The Treasurer, Steve Lake reminded the committee that we will be reviewing the budget prior to the next assessment mailing in May. The Skills Matrix for a Treasure has been circulated to the Board of Directors for their input prior to publication in the March newsletter. Grounds & Maintenance: Jan Faulkner – See Jan’s Report, Attachment “C” to these minutes. Jan put emphasis on the following excerpt from his report: At the close of the 2014 season there were a few sites that had not addressed our requests for yard maintenance. Unkempt yards negatively impact adjacent sites and in some instances pose a nuisance and rarely a hazard. I do not want to appear ‘heavy handed’ in my approach; however I do have a responsibility to all members to be fair and consistent. If after identifying needed maintenance, and where no action is taken by a member to perform the maintenance, the Park will retain the services of local contractors to perform the required work. All costs associated with the maintenance will be assessed to the individual member as authorized by Association bylaw. Out of fairness to the members who took corrective action upon receiving letters last spring, the Board concurs that they will remain firm with the members whose sites have not been brought into compliance. Final notices will be sent providing a deadline to the offending sites and if not acted upon, the work will be contracted out and the member will be billed for the costs Jeff Stott will be meeting with the Site Remediation Committee in the spring to discuss solutions to the remediation of non-compliant hedges. An updated version of the checklist for the site visits has been provided to the Board. There was discussion about the television antennas throughout the park and whether or not they should be eliminated because they are obsolete. During the question portion of the meeting LeRoy Smith commented that the antennas are still functional to provide a signal to a decoder box for television reception. Rules & Regulations: Jeff Stott – in Jeff’s absence he sent an e-mail with following points of discussion: Speeding - now that the park is seeing an increase in Members coming down, and with the weather (prior to today) being better than expected, Member traffic to the park is likely to increase. That being said, over the last few weekends I have seen a VERY significant increase in speeders, in one case someone going at least 20m/hr in the park (I couldn't see the license plate - just too fast). Just a reminder that although I'm sure the Brier would love the extra revenue from speeding tickets, please drive responsibly. It is a 5m/hr speed limit for a reason, respect that. Gala Opening. I would like to ensure that the Members have the opportunity to help plan, theme, and expect the Gala opening. With the building getting to the stage it is, and with the budget (at least at my last review) in good shape, I think it is high time to get engaged with some festivities. Just looking for an open and minuted discussion that can be put forward through multiple communication channels, hopefully with a 2-way communication loop (we need to establish the channel for feedback) Public Relations & Communications: Taryn Bell Website – Two quotes have been received from Canadian providers and we may need an American provider if training will be required. Facebook – Over two hundred people have joined the closed Facebook Group Page. Newsletter- Please provide me with your articles for the upcoming newsletter. I have received Jan’s article, thank you Jan. If Karilee can provide me with an article requesting the need for coordinators and volunteers and the current events calendar, that would be great. Coleen will be providing the information for the Treasurer search. Steve offered to provide an update regarding US Residency issues for the newsletter. Welcoming New Members – This portfolio, since its conception, has welcomed new members by visiting their site with a seasonal plant and a card. Subsequent to this meeting it was confirmed that Taryn will continue this tradition with the support of the office staff. Larry Scott stated that he had previously made a Notice of Motion to discontinue the Facebook Group due to lack of controls since false statements were allowed to be posted to the Group Page. He has since changed his position. It was a disservice not to have a Terms of Reference for the Administrator of the Facebook Group. The Board concurs that a Terms of Reference is needed for the Facebook Administrator. Action Item: Coleen and Taryn will draft a Terms of Reference for the role of Administrator of the Facebook Group. Recreation & Entertainment: Karilee Green Bocce Court- The Chessas had volunteered to help restore the Bocce courts. There are funds in the operations budget for this project. We need to evaluate whether or not enough funds were budgeted, how much labor the park could provide, and how volunteers can contribute to the project. Events Calendar – Coordinators are needed for both Caesar Sundays, Kids Day at the Pool, Discovery Days Parade Float, Bike Parade and Sports Day. We have binders in storage that will help new volunteers to successfully coordinate these events. The Board welcomed Karilee back on the Board. Larry Scott stated members may not want to volunteer due to a lack of understanding of what is involved in the role of coordinator and not wanting to open themselves up to criticism. He states that the Board needs to focus on volunteerism and make it a rewarding experience. Taryn Bell volunteered to coordinate two of the children’s events and will recruit new coordinators on Facebook. Subsequent to the meeting Karilee was notified that we have coordinators for both Caesar Sundays. Baseball Bus Trip- The Board has approved a Baseball Bus Trip for July 25, Mariners vs. The Blue Jays. The deposit has been made securing our tickets. There is a lot of interest in this event. The sign-up sheet and flyers are in the office. Public Works/Special Projects: Larry Scott Brier Update- We passed the framing inspection. The foam insulation is underway. The pool patio foundations are being started, the dry wall installation will begin next week. We have provided some finishing samples that we can look at and make some decisions to make those purchases. Opening Ceremony - The official opening date is still in some flux. We are optimistic that Brier will be open ahead of Caesar Sunday. We would like feedback from the membership prior to planning a Grand Opening Celebration. ADJOURNMENT: The Open Board Meeting adjourned at 9:53 am NEXT REGULAR MEETING: April 11, 2015 Chair: ___________________________________Recording Secretary: _____________________________ Board members are reminded that they must declare any interest that relates to an item of discussion. Board members have been placed in a position of trust, and it is their responsibility to honor the Association’s need to keep certain information confidential. QUESTION and ANSWER PERIOD: See Attachment “D” to these minutes. ATTACHMENT A Page 1 of 1 GENERAL MANAGERS REPORT – DON BROWN For the month of 2/1/2015 - 2/28/2015 Ethernet wiring Ethernet connections direct on wall for easy internet access Secures area with connection to cameras Upgraded to Cat 6 for future proofing and bigger bandwidth and less crosstalk (interference) Transformer Removal Two transformers 8’ up off the floor level Required partial wall removal and transformers had to be cut apart due to weight of 700 combined pounds New transformer now installed and online Early Mowing Had to mow twice in winter. Usually don’t mow at all. Pot Hole Repair Approximately 1/3 of park repaired Shovel and spread by hand into pothole, cover with gravel, and then smooth with tractor. This Month and Beyond Tent Caterpillars Already seeing signs of Information about Tent Caterpillars can be found at the following websites: http://www.organicgardening.com/learn-and-grow/tent-caterpillars http://jenny.tfrec.wsu.edu/opm/displaySpecies.php?pn=580 Prune nest out of tree seems to be most common control. Gravel and Asphalt Road Repairs Asphalt patches will be laid in the end of March beginning of April Gravels roads scheduled to have repairs in the front half completed by the end of March and the back half the end of April. Repairs will enhance transportation throughout park. Bocce Bistro Improvements Bid for roof is acquired and will be submitted for approval Kitchen expansion still in the outlook but not scheduled Bocce courts in planning stages for repairs and upgrades Invitation from Tom of Boccemon.com to come play his surface to see if cost meets want. ATTACHMENT B Page 1 of 2 Birch Bay Leisure Park Primer for Understanding Board Meeting Financial Report February, 2015 Most months the Treasurer reports on the Profit and Loss for the month and year-to-date for BBLP at the monthly Board meeting. At the September 2014 Board meeting it was decided to include the actual financial data provided to the Board as part of the minutes. The intent of this Primer is to provide some guidelines to aid in a reader’s understanding of the financial material presented. First of all please understand that the Profit and Loss statement presented represents a summary of pages and pages of financial data and so you may not get everything you wish out of the information provided. If that is the case it is possible to ask questions at the monthly Board meeting. Highlights for Understanding 15. The account names correspond to those provided in the year-end financial statements and represent groupings of accounts. 16. The Current column represents the actual income and expenses for the month. 17. YTD for the month represents the total actual income and expenses for the year-to-date commencing January 1 to the month being analyzed. Our year end is December. 18. YTD budget represents the budgeted figures for the YTD for the month being analyzed. The budget is updated twice during the year – once in May and once in November. 19. YTD budget variance represents the difference between the actual YTD numbers compared to the budgeted YTD numbers. A bracket in the income area demonstrates a negative impact on the bottom line while a bracket in the expenses area represents a positive impact on the bottom line. A nonbracketed item demonstrates the reverse in each section of the Profit and Loss. 20. The commentary at the far right is an explanation of the material negative and positive impacts and represents the term Variance Analysis. Sometimes a variance requires a change in strategy so the negative impacts don’t happen again. 21. At the bottom of the page there will be a summary of items included in the Profit and Loss that have been included here but budgeted as Long Range Planning Fund expenses. For bottom line variance analysis the impact of these items should be removed. Please read the above in conjunction with the monthly Profit and Loss statement provided in the Board Meetings. ATTACHMENT B Page 2 of 2 Birch Bay Leisure Park Profit and Loss - February 2015 Actual/Budget Comparison Income Dues Initiation Fees Late Fees Special Charges & Other Mailboxes Newsletter Income Storage Sites Interest Income Total Income Expense Garbage Grounds Pool Repairs & Maintenance Supplies & Tools Truck, Tractor & Auto Current Feb 15 YTD Feb 15 YTD Budget YTD Budget Var 104,110 1,000 200 661 285 650 1,003 107,908 208,220 2,000 700 1,963 6,800 285 1,300 2,096 223,364 208,220 1,793 988 1,832 6,856 256 1,229 601 221,775 207 (288) 131 (56) 29 71 1,495 1,589 1,334 659 0 2,728 833 358 2,818 848 290 (90) (15) 69 9,438 0 196 13,133 1,411 3,287 15,222 1,216 3,160 (2,088) 195 127 Bank Charges & Exchange Insurance Expense Legal & Accounting Office Expense Public Relations Security Telephone Power Propane Sewer Water Wages Wages - Tax & Benefits Property Taxes Sundry Board Contingency Total Expense 38 3,382 2,250 90 411 2,478 833 28,616 11,765 59,454 120,944 (1,637) 6,764 206 3,575 700 826 6,051 2,127 4,069 2,254 52,103 26,622 59,454 184,863 (1,693) 5,926 211 3,531 552 851 8,093 3,576 4,132 2,305 55,881 28,200 60,876 195,993 56 838 (4) 44 148 (25) (2,042) (1,448) (64) (51) (3,778) (1,579) (1,422) (11,130) Net Ordinary Income/(Loss) (13,036) 38,501 25,782 12,718 Other Income and (Expense) Depreciation Asset Disposal Income Tax Provision Entertainment Prior Year Correction (13,600) - (27,200) 30 - (27,200) 1,139 - 1,109 - Net Income/(Loss) (26,636) 11,330 (279) 11,609 718 @1,740 - increase of $145 from 2014 There are 24 sites listed for sale. 15 mailboxes available Newletter sales start in May 16 storage spaces available R & M is usually under budget in the first quarter as the majority of this budget is spent during the busy season. ($1,675) is the foreign exchange reversal from 2014. Expense is lower due to warmer than normal winter Expense is lower due to warmer than normal winter Maintenance staff reduced by 1 during Jan - Feb. Contingency budget is 24k or 2k per month ATTACHMENT C Page 1 of 1 Jan Faulkner, Grounds & Maintenance The 2015 season at our Park is coming soon. Looking back on 2014 we accomplished significant improvement to maintenance of common areas and individual sites. Park staff kept our common area berms groomed, individual members adopted several berms scattered around the Park adding splashes of colour and members completed major repairs of fences and gardens all over the Park. Jeff Stott and I thank all members for their efforts to maintain their sites. Without your cooperation we would not have been able to achieve these improvements. Driving around the Park I see that bulbs are poking up and trees shrubs are budding. It will not be long before grass will be long enough to cut. Our winter has been mild resulting in an early to the growing season. The optimum window to prune your shrubs and hedges will be over soon. and Jeff Stott and I will continue the “joint portfolio” approach used the 2014 season. during start The first round of site visits will be on the weekend of 3-6 April 2015 when all sites between Centre Way and the front of the park will be checked. Any requests for maintenance going out to members between 6 - 10 April 2015. Sites between Centre Way and rear of the Park will be visited on the weekend of 11 - 12 April 2015 with any required maintenance letters going out during the week of 13 - 17 April 2015. Our objective is to have the Park and all sites looking their best for the May long weekend. At the close of the 2014 season there were a few sites that had not addressed our requests for yard maintenance. Unkempt yards negatively impact adjacent sites and in some instances pose a nuisance and rarely a hazard. I do not want to appear ‘heavy handed’ in my approach; however I do have a responsibility to all members to be fair and consistent. If after identifying needed maintenance, and where no action is taken by a member to perform the maintenance, the Park will retain the services of local contractors to perform the required work. All costs associated with the maintenance will be assessed to the individual member as authorized by Association bylaw. ATTACHMENT D Page 1 of 1 Question & Answer Period: The Chair reminded the audience that the Recording Secretary is taking an audio recording of the meeting for purposes of documenting the minutes of the meeting. Please note some of the dialogue, comments and discussion during the question period may not be captured in these minutes, all direct questions posed and responses from Board are summarized and recorded. Comment: LeRoy Smith, Operations Manager provided samples of the finishes for Brier. Question: The member from 11-03 has volunteered and offered her professional expertise in reviewing the selection of finishes and asks to meet with LeRoy and Taryn today and discuss our options. She has been requesting these samples for several weeks. Response: Larry Scott answers that the contractor had to define the budget for the finishes and identify materials that would fit in the budget before we could provide samples for consideration. The samples just arrived today and we would be grateful if the member would assist us in the selection of finishes and colors. Question: The member from 23-11 has heard from other members around the park that four petitions have been signed by more than 72 people will be delivered to the office this week and asks if the Board will consider holding the Special General Meeting before the Town Hall Meeting. Response: The Board will consider it. Question: The member from 31-07 asks whether or not there will be a commercial sink in the kitchen at Brier, if there is an update on the non-compliant fence on Mainline, did the member that volunteered to coordinator Caesar Sunday withdraw and what is wrong with the swings at the Elm playground? Response: The kitchen in the Brier is not intended to be a commercial kitchen and will have household appliances. There is an ongoing discussion with the member at that site to resolve the issue with their fence. We were unaware that we had volunteers to coordinate Caesar Sunday and are glad to have this new information. The bottoms of the swings have rotted out and we are putting together a plan to concrete them in. Question & Answer Adjourned @ 10:03am Birch Bay Leisure Park Association 7704 Birch Bay Drive Blaine, WA 98230 (360) 371-7122 www.birchbayleisurepark.com MINUTES of the SPECIAL MEETING OF THE BOARD OF DIRECTORS PLACE: CHAIR: BBLP Elm Center 7704 Birch Bay Drive Blaine, Washington DATE: Saturday, March 7, 2015 TIME: 9:00 a.m. President Coleen Hunter PRESENT WERE: Directors: Steve Lake – Vice President & Treasurer – in attendance electronically Jan Faulkner – Grounds & Maintenance Jeff Stott – Rules & Regulations – absent with regrets Taryn Bell – Public Relations & Communications – in attendance electronically Larry Scott – Public Works & Special Projects BBLP Staff: Don Brown, Interim General Manager Leroy Smith, Operations Manager Deborah Johnson, Recording Secretary / Accountant 3 audience members in attendance. Meeting Protocol The Chair advised members in attendance that the Board will be conducting the business of a Special Meeting without interruption. I. APPROVAL OF THE AGENDA FOR THE MEETING MOVED by Larry Scott and SECONDED: Approval of Agenda. CARRIED II. APPOINTMENT OF DIRECTOR TO THE BOARD Richard Tutschek tendered his resignation from the Board of Directors on March 3, 2015. The Board accepted his resignation. K Ann McCartney, Parliamentarian, advised that a resigning Director may be replaced by a new Director appointed by the Board to complete the appointed term, ending after the 2015 AGM. Only Directors elected by the membership may vote on the appointment of the new Director. Several Board Members support the appointment of Karilee Green based upon her prior experience with the portfolio of Recreation & Entertainment. The season is fast approaching and we urgently need someone to take that position. MOVED by Larry Scott and SECONDED: That Karilee Green be appointed as Director for the portfolio of Recreation and Entertainment for the balance of the 2014-2015 directorship. CARRIED ADJOURNMENT: The Open Board Meeting adjourned at 09:05 am NEXT REGULAR MEETING: March 14, 2015 Chair: ______________________________________ Recording Secretary: _________________________ Board members are reminded that they must declare any interest that relates to an item of discussion. Board members have been placed in a position of trust, and it is their responsibility to honor the Association’s need to keep certain information confidential. Birch Bay Leisure Park Association 7704 Birch Bay Drive Blaine, WA 98230 (360) 371-7122 www.birchbayleisurepark.com MINUTES of the OPEN MEETING OF THE BOARD OF DIRECTORS PLACE: CHAIR: BBLP Elm Center 7704 Birch Bay Drive Blaine, Washington DATE: Saturday, February 21, 2015 TIME: 9:04 a.m. President Coleen Hunter PRESENT WERE: Directors: Steve Lake – Vice President & Treasurer – in attendance electronically Jan Faulkner – Grounds & Maintenance – absent with regrets Jeff Stott – Rules & Regulations Taryn Bell – Public Relations & Communications – absent with regrets Larry Scott – Public Works & Special Projects Richard Tutschek – Entertainment & Recreation BBLP Staff: Leroy Smith, General Manager Don Brown, Operations Manager Deborah Johnson, Recording Secretary / Accountant Circle Representative Committee Chair: Doug Parmenter 45 audience members in attendance. Meeting Protocol The Chair advised members in attendance that the Board will be conducting the business of the Regular Meeting without interruption. At the conclusion of the business of the Regular Meeting there will be a question period for members present in the audience. At the conclusion of the question period the members may be asked to leave so the Board may conduct a closed Executive Meeting. I. APPROVAL OF THE AGENDA FOR THE MEETING MOVED by Larry Scott and SECONDED: Approval of Agenda as amended to include a report from Circle Representative Committee Chair Doug Parmenter to be given after approval of the minutes and before the General Manager’s report. CARRIED II. APPROVAL OF THE BOARD MEETING MINUTES OF JANUARY 10, 2015 MOVED by Larry Scott and SECONDED: Approval of Board Meeting Minutes of January 10, 2015 CARRIED III. CIRCLE REPRESENTATIVE REPORT Circle Representative Chair, Doug Parmenter reports: Good morning and thank you for the invite. The Circle Representatives do not meet again until May 31st and will meet once per month during the summer months. The meeting dates will be in the newsletter and are currently on the events calendar available on the park’s website. We would like to see more circles nominate representatives for those circles without current representation. The Circle Representatives bring issues and suggestions forward at the Committee Meetings. The requests are filtered and brought forward to the Board for consideration. The Chair states the Treasurer’s Report shall be given at this time. Leroy Smith has left the meeting and will give the General Manager’s Report when he returns. VI. TREASURER’S REPORT: See the Treasurer’s Report, Attachment “A” to these minutes. Action Item: Steve and Coleen to document a skills matrix for candidates expressing interest in volunteering as the park’s Treasurer as Steve Lake intends to resign in August. VII. CORRESPONDENCE: Recording Secretary: Deborah Johnson E-mail and letter from two members concerning the dog attack in November 2014. Response pending direction from Jan Faulkner as to his approval of releasing his memo to the board regarding this incident. Action Item: Deborah to follow up with Jan Faulkner to obtain his permission in releasing his memo to the Board regarding the dog attack. E-mail and letter from two members requesting late charges be waived. The late charges stand and letters of the Treasurer’s decision were sent to these members. These late charges have been paid in full. E-mails received from three members with questions and concerns related to the Brier Project. All members received a response to their concerns. To the best of my knowledge, two of these members’ concerns were addressed to their satisfaction while the third still has questions for the Board. E-mail received from a member with complaints about table reservations at the New Year’s Dance. This correspondence was not received in time, ahead of the meeting, for the Board to provide a response and will be on the agenda for the March 14th meeting. VIII. GENERAL MANAGER’S REPORT: See LeRoy Smith’s report, Attachment “B” to these minutes. This report was interrupted; LeRoy excused himself to attend to a power outage. Larry Scott completed reading the General Manager’s report in his absence. Both Steve Lake and Larry Scott spoke to LeRoy’s accomplishments and contributions with the app for tablets, the diaper sniper and his efforts to meet the FEMA requirements for the sump pump at Brier. Operations Manager, Don Brown presented a report, Attachment “C” to these minutes. As the General Manager’s Report was interrupted, the Operations Manager gave his report at of the meeting. IV. radar the end DIRECTORS REPORTS: President’s Report: Coleen Hunter E-mail Etiquette will be presented to the Board at the next meeting when Jan & Taryn will be in attendance. The Search Committee (Coleen Hunter, Jeff Stott & Taryn Bell) will be reviewing qualified candidates for consideration. Richard Tutschek has resigned as a member of the BBLP Board of Directors as a result of job relocation to the eastern part of the United States. The Board thanks him for his service. IIV. Rules & Regulations: Jeff Stott Telecommunications for the Brier Center. - We are going to run Ethernet cables throughout the Brier Center before the drywall is installed. Multi-year approach toward training of the staff. Maintenance, Grounds, Security, Admin. We have not invested very well in previous years. Starting with First Aid & CPR. Recreation & Entertainment: Richard Tutschek I have resigned to relocate to the eastern part of the US. It has been a pleasure working with these people and the park is in capable hands. The event calendar is on the park’s website. There are many events that still need volunteers to coordinate them. Public Works/Special Projects: Larry Scott - See Attachment “D” to these minutes The Board is looking to the membership for their suggestions on how to celebrate the Grand Opening of the Brier Center. NEW BUSINESS – Facebook Closed Group Page Points of discussion by the Board: Facebook is a very useful communication tool in the park, networking between members for purposes of recruiting volunteers and helping their neighbors during the flooding is all very positive. It is wrong for incorrect or slanderous statements to be made on Facebook that upset the membership. This is Taryn Bell’s portfolio and is doing a great job. A motion will not be made to suspend Facebook in her absence. A notice of motion was made by Larry Scott as follows: Over the next month if Facebook is used in a negative and non-productive way, a motion will be made to this Board at the next scheduled open board meeting to discontinue the use of Facebook. ADJOURNMENT: The Open Board Meeting adjourned at 10:15 am NEXT REGULAR MEETING: March 14, 2015 Chair: ___________________________________Recording Secretary: ____________________________ Board members are reminded that they must declare any interest that relates to an item of discussion. Board members have been placed in a position of trust, and it is their responsibility to honor the Association’s need to keep certain information confidential. QUESTION and ANSWER PERIOD: See Attachment “E” to these minutes. ATTACHMENT A page 1 Birch Bay Leisure Park Treasurer’s Report February 21, 2015 Dues and Penalties 17 late paid December’s required payments – this is a little more than usual. 6 remain to be dealt with of which 2 remain unpaid, 1 partially unpaid, 3 owe late charges only. A reminder to all members – if your payment is late getting to our Umpqua bank account it is late. We are not responsible for lost mail, or bounced cheques, or slow mail during the holiday season, or informing you whether or not your payment was processed before or by the required payment date. Payment is your responsibility. We will, however, consider matters like serious health issues. December Year End Financial Comments Only I am not providing you with financial statements as we are at a preliminary stage of completion. We take much greater care with our year end including review with the Finance Committee and the outside accountant for tax purposes. But here are some preliminary comments: Estimated profit of $45,000 – a very positive preliminary number resulting from reduced numbers in power, propane, repairs and maintenance and depreciation – Brier not being operational had an impact here. Depreciation expense will be about $128,000 so that our Long Range Planning Reserve (LRP Reserve) will be increased accordingly. Interest earned for 2014 will be something like $16,000 and this amount will also be allocated to the LRP Reserve. Before the above adjustments to the LRP Reserve increases indicated above the charges allocated to the Reserve to December 31, 2014 were $4,238 for the sewer audit and $700,377 for Brier. The LRP Reserve at year-end appears to be: $1,200,000 - $4,238 - $700,377 = $495,335 then add $128,000 + $16,000 = $639,335 Infra-Structure Fund remains at $1,500,000. ATTACHMENT A page 2 January 2015 Financials Please find attached the Variance Analysis for the first month of the New Year. Here are the highlights: Included are the variances comparing budget to actual for 2015 and the variances for comparing actual 2015 to actual results for 2014. Explanations for 2015 variances only. The bottom line is $6,382 better than budgeted, a good variance. There are 23 sites listed for sale. 17 members were late paying their dues. 15 mailboxes are available. Note: Newsletters will commence in May. 10 storage spaces are available. Negative for bank charges and exchange represents a reversal of a December 2014 entry, standard procedure. Wages and benefits down $3,328 as we are down 1 maintenance employee. Board contingency shown as zero here when the annual budget is a $24,000 allowance or $2,000 per month (we do not book contingencies). Therefore, in fact, the bottom line is higher than expected by more than the total commented on above and we have a healthier contingency for the rest of the year. Need For a Treasurer When I became a member of the Board I stated that I would participate for no more than 4 years. My 4 year time period is up as of August 31, 2015. I have exhausted my contact possibilities to encourage a member to take on this role. Perhaps there is someone out there or you know someone who is willing to stand for election. Please let me know and I can bring them up-to-date with the role. I would be willing to support this person. Consider that the most difficult changes in the financial aspects of the Park will have completed by the time the new treasurer steps in. That is, such items as the completion of the Brier Project and the establishment of good, well-functioning reserve funds and no more surcharges. Garbage You too can have an impact on the cleanliness and the financial well-being of our Park by being a good re-cycler. The Board and Park employees as well as a lot of members are doing their part but we need more members to step up. There is more than $10,000 and a cleaner Park at stake. ATTACHMENT A page 3 Birch Bay Leisure Park Primer for Understanding Board Meeting Financial Report January, 2015 Most months the Treasurer reports on the Profit and Loss for the month and year-to-date for BBLP at the monthly Board meeting. At the September 2014 Board meeting it was decided to include the actual financial data provided to the Board as part of the minutes. The intent of this Primer is to provide some guidelines to aid in a reader’s understanding of the financial material presented. First of all please understand that the Profit and Loss statement presented represents a summary of pages and pages of financial data and so you may not get everything you wish out of the information provided. If that is the case it is possible to ask questions at the monthly Board meeting. Highlights for Understanding 22. The account names correspond to those provided in the year-end financial statements and represent groupings of accounts. 23. The Current column represents the actual income and expenses for the month. 24. YTD for the month represents the total actual income and expenses for the year-to-date commencing January 1 to the month being analyzed. Our year end is December. 25. YTD budget represents the budgeted figures for the YTD for the month being analyzed. The budget is updated twice during the year – once in May and once in November. 26. YTD budget variance represents the difference between the actual YTD numbers compared to the budgeted YTD numbers. A bracket in the income area demonstrates a negative impact on the bottom line while a bracket in the expenses area represents a positive impact on the bottom line. A nonbracketed item demonstrates the reverse in each section of the Profit and Loss. 27. The commentary at the far right is an explanation of the material negative and positive impacts and represents the term Variance Analysis. Sometimes a variance requires a change in strategy so the negative impacts don’t happen again. 28. At the bottom of the page there will be a summary of items included in the Profit and Loss that have been included here but budgeted as Long Range Planning Fund expenses. For bottom line variance analysis the impact of these items should be removed. Please read the above in conjunction with the monthly Profit and Loss statement provided in the Board Meetings. ATTACHMENT A page 4 Birch Bay Leisure Park Profit and Loss - January 2015 Actual/Budget Comparison YTD Jan 15 YTD Budget YTD Budget Var P/Y Var Income Dues Initiation Fees 104,110 1,000 104,110 963 37 13,163 - Late Fees Special Charges & Other Mailboxes Newsletter Income Storage Sites Interest Income Total Income 500 1,303 6,800 650 1,093 115,455 682 1,255 6,826 621 321 114,778 (182) 48 (26) 29 772 678 (500) 138 (50) 90 975 13,816 1,394 174 358 3,695 1,411 3,091 1,460 177 288 4,932 1,125 2,913 (66) (3) 70 (1,237) 286 178 162 409 (358) 3,136 (1,411) (1,732) (1,675) 3,382 206 1,324 (102) 416 3,573 1,295 4,069 2,254 (1,556) 3,189 202 1,463 (100) 452 4,521 1,735 4,132 2,305 (119) 193 4 (139) (2) (36) (948) (440) (64) (51) 985 (1,125) (206) 2,081 48 102 19 4,339 1,530 (185) (122) Wages Wages - Tax & Benefits Property Taxes Sundry Board Contingency Total Expense 23,487 14,857 63,208 25,687 15,985 68,911 (2,200) (1,128) (5,704) (895) (3,158) 50 3,667 Net Ordinary Income/(Loss) 52,248 45,866 6,382 17,483 Other Income and (Expense) Depreciation Asset Disposal Income Tax Provision Entertainment Prior Year Correction (13,600) (63) - (13,600) (2,408) - (2,346) - 2,361 378 - 38,648 32,266 6,382 (15,122) Expense Garbage Grounds Pool Repairs & Maintenance Supplies & Tools Truck, Tractor & Auto Bank Charges & Exchange Insurance Expense Legal & Accounting Office Expense Public Relations Security Telephone Power Propane Sewer Water Net Income/(Loss) 718 @1,740 - increase of $145 from 2014 There are 23 sites listed for sale. 17 members were late with the payments due 12/31/14 15 mailboxes available Newletter sales start in May 10 storage spaces available ($1,675) is the foreign exchange reversal from 2014. Wages are under budget, maintenance staff reduced by one, but still higher than prior year. Contingency budget is 24k or 2k per month ATTACHMENT B General Manager’s Report Wednesday, February 18, 2015 Here it is mid-February and the park needed mowing. Brier really is going great guns. Since we last spoke all the framing is completed, including the new beams extending the roof. The newly insulated roof has been installed and inspected. All exterior sheathing is in place and inspected on February 11th. Many of the doors and windows are installed. The electrical drops are in place and almost all the electrical wiring is in place. The new transformer has arrived and is on location. The rough plumbing is almost all installed. The camera network wiring (strictly BBLP network) along with spare drops for future expansion have been worked out and permitted through Labor and Industry. Don Brown (BBLP) and Don Boudewyn (Ecco Wi-Fi) have been working together to map out other network considerations per a collaboration with Jeff Stott. A mold and moisture inspection have been performed and reported. The only mold in the building is located under the flat roof areas where there were leaks repaired over four years ago. Tyvek, siding and sheet rock should start in the coming weeks and be completed by mid-to-late April. To assist in management transition, some of the required manuals covering infrastructure and projects have been completed. This includes the largest and most complex so far, the Electrical Distribution System. The remaining manuals include Water & Sewer and the Camera System. I expect to have these completed by midApril. I know this is short but I’ve run out of time. Respectfully submitted, LeRoy Smith, GM ATTACHMENT C Sewe r Pipe Line Repa ir Prepared by : Don Brown,Operations Manager, BBLP 2/20/15 OVERVIEW OF PROBLEM Last year I & I Services were called out to do a video inspection of the sewer lines. This inspection is done by placing a robotic navigation unit equipped with a camera into the sewer lines. They then navigate the sewer examine the conditions of the pipe. Upon their inspection three locations were found to have damage. Timberline had a hole of about a one inch diameter, Acadia had equivalent damage, and Dogwood had a crack where it reduces from six to four inch pipe. All three had water infiltration with Acadia and Timberline being the worse. REPAIR Acadia and Timberline were repaired using a process were a bladder is placed inside the tube at the location of the damaged area. The bladder then inflates and a two part epoxy is put into a line that goes into the bladder and presses through tiny holes. Over a two hour time the resin hardens into the damaged area sealing from further leakage. The bladder is deflated and removed. Also when inspecting the area to be repaired a knife was discovered wedged into a crack. Although not causing damage at the time, eventually this would cause a plug and start backup the system. I & I Services used high pressure water to dislodge the knife. It then continued down the pipes. While continuing its journey it became lodged in another seam. The distance from the original location is 60 feet but it realigned itself in a manner that doesn't affect the flow of the pipe like it previously did WORK LEFT TO COMPLETE Dogwood still remains to be done with it being on the calendar to be completed later in February. They will use the same process to accomplish this. The Timberline knife will be removed in May. COSTS OF WORK DONE See attached copies for the invoice amount. ATTACHMENT D Page 1 Birch Bay Leisure Park Association – Director Directors Report – February 21, 2015 Public Works & Special Projects - Larry G. Scott. Brier Revitalization – February 21, 2015 Update: This winter has been kind to us from the prospective of enabling the Contractor to work through with minimal weather related delays. The latest concrete pour for the front stairs and ramps means we are “Out of the Ground” a construction milestone to say the least when you build in a high water table site. Before I report out on the Brier’s progress I think it is appropriate that I boost your confidence that the Brier Revitalization Project is being properly managed. The Brier Revitalization Committee, the Architect, the County Building Officials, Federal and State Approving Authorities, General Contractor and the Parks General Manager, all contribute in one or more of their professional capacities. I will provide you with some information on their Professions and related credentials; The Brier Revitalization Committee is comprised of Myself, Directors Lake, Stott and Tutschek. Cumulatively we have years of professional expertise in disciplines related to; Municipal Building & Plumbing Official; (BOABC) Superintendent of Municipal Public Works ( ASTT CWPI 3) Local Assistant to the Fire Commissioner (BCLAFC) Municipal Fire Chief (ret.) Provincial Departmental Director & Sourcing BSc, PMP, MBA; Industrial Equipment, Sales and Operations Manager; Senior Partner Accounting Firm, CPA, CA; BBLP, General Manager, on-site day to day liaison The Project Architect and General Contractor: Sean Hegstad, LEED AP, Bachelor of Architecture President Haven Design Workshop Perry Zender, Washington State licensed General Contractor Overseeing the project for Regulatory and Building Code compliance are: Whatcom County Building and Plumbing Officials; FEMA Approving Officials; ATTACHMENT D Page 2 The cumulative effect of this diversified group of professionals is that most problematic events and impending decisions have the highest probability of being well evaluated and acted upon. The Brier Committee, its Consultants and Regulatory Authorities have been faced with challenges not uncommon to any renovation and through concerted consensus have taken the project to the final stages of construction. As we move toward to the final stages of construction we can clearly appreciate that this project did not happen any too soon. The dry rot, non-compliant structural elements, aluminum wiring, faulty plumbing, under capacity transformers and heating and a variety of other Building Code related deficiencies compromised the buildings longevity. Taking on those challenges as a revitalization project is most definitely preferred over the more expensive “emergency repair” approach that would do nothing for long term improvements such as disabled access, flood remedial protection, heating, lighting and power efficiencies and doubling the usable floor area. From the visually obvious; we have a new roof, the exterior and interior framing is complete, windows are in, front stairs and ramps are poured with concrete. The not so obvious elements include heating, lighting, electrical and plumbing. Shortly, exterior siding will be applied as well as interior finishes. My tour of the Brier on February 20, 2015 was impressive; from the grandeur of the main hall, the massive beams, the efficient use of space for utilities, and the complexity of meeting FEMA regulations and correcting structural and health wrongs of the past. I would also like to acknowledge Staff for their constant engagement with our consultants and regulatory officials; their vigilance in overseeing the project and informing the Brier Committee has been outstanding. Larry G. Scott, BBLP Director, Public Works and Special Projects ATTACHMENT E Page Question & Answer Period: The Chair reminded the audience that the Recording Secretary is taking an audio recording of the meeting for purposes of documenting the minutes of the meeting. Please note some of the dialogue, comments and discussion during the question period may not be captured in these minutes, all direct questions posed and responses from Board are summarized and recorded. Comment: The member from 36-06 thanked the entire Board, the Committees, and all the volunteers for their dedication, hard work and giving of their own free time to make this park the park that it is. He stated that he did not intend to slag anyone when posting his comments and pictures concerning the Brier Project on Facebook and was only sharing his concerns with the membership. He asks why the Tyvek has not been installed yet. The wood is soaked, there is mold and some wood that looks used. And why wasn’t the response to his questions posted on Facebook? Response: The Board concurs with the following response. Their concern is the information went out and gave the perception of what was happening. The Board is always open for questions and available to answer them. If there was a question about the project it was best to be asked to the General Manager or the office. Tyvek cannot be installed on a building until the sheathing is inspected and approved. Tyvek is a warrantied product and is being installed according to the manufacturer’s specifications. Another point that was raised on Facebook is that the project has a cost of 1.4MM. The members approved 750k at the AGM in 2013 and approved another 400k at the AGM in 2014. Thus, Facebook gave the impression that this project is costing 250k over and above what was approved by the membership. The Board concurs that all questions should be e-mailed to the Admin Office, not posted on Facebook. Larry Scott asks the member that if he felt his questions and concerns were answered that he could go back on Facebook and post a positive comment to that effect and would go a long way in keeping the Facebook Group. Further to the response at the meeting, mold (from previously repaired leaks) was discovered in the Brier Center and a change order approved to chemically mediate the mold. The Brier building was constructed over 40 years ago; the old sheathing was left in place. Comment: The member from CW-28 commented that Facebook serves a purpose. She can’t wait to post a comment about the garbage area, it looks fabulous. A regular e-mail blast to the membership would be helpful and the membership could use Facebook for all the funny things. Response: The Board thanked the member for her comments. Comment: The member from 04-04 asked if there will be defibrillators at the park’s buildings. Response: Yes and there will be EED training to get us up to a universal standard. Comment: The member from 31-06 asks about the plans for wiring the Brier Center for sound. Response: The building will be wired for multiple zones and is typically controlled with a tablet. Question: The member from 44-07 asks if letters are sent to the Board via the office will the Board reply. Response: When the office receives a letter for the Board, someone from the office will acknowledge that they received the letter. If it is a question that needs Board discussion it will be put on the agenda for a future board meeting. Question: The member from 53-03, Dean McKinnon and Chairman of the Entertainment Finance Committee, had previously proposed the purchase of new soccer goals and is here to answer questions that the Board may have in reaching their decision. Response: Richard’s opinion is that we install nets on the existing goals as he has been involved in lawsuits concerning the portable goals coming down on the kids and causing injuries. Question & Answer Adjourned @ 10:35am Birch Bay Leisure Park Association 7704 Birch Bay Drive Blaine, WA 98230 (360) 371-7122 www.birchbayleisurepark.com MINUTES of the OPEN MEETING OF THE BOARD OF DIRECTORS PLACE: CHAIR: BBLP Elm Center 7704 Birch Bay Drive Blaine, Washington DATE: Saturday, January 10, 2015 TIME: 9:00 a.m. President Coleen Hunter PRESENT WERE: Directors: Steve Lake – Vice President & Treasurer – absent with regrets Jan Faulkner – Grounds & Maintenance Jeff Stott – Rules & Regulations Taryn Bell – Public Relations & Communications Larry Scott – Public Works & Special Projects Richard Tutschek – Entertainment & Recreation – absent with regrets BBLP Staff: Leroy Smith, General Manager Don Brown, Operations Manager Deborah Johnson, Recording Secretary / Accountant 32 audience members in attendance. Meeting Protocol The Chair advised members in attendance that the Board will be conducting the business of the Regular Meeting without interruption. At the conclusion of the business of the Regular Meeting there will be a question period for members present in the audience. At the conclusion of the question period the members may be asked to leave so the Board may conduct a closed Executive Meeting. I. APPROVAL OF THE AGENDA FOR THE MEETING MOVED by Larry Scott and SECONDED: Approval of Agenda as amended to include “Rules & Regulations Variance Procedure” under the Public Works and Special Projects report. CARRIED II. APPROVAL OF THE BOARD MEETING MINUTES OF NOVEMBER 15, 2014, MOVED by Jan Faulkner and SECONDED: Approval of Board Meeting Minutes of November 15, 2014 CARRIED III. GENERAL MANAGER’S REPORT: See Leroy Smith’s report, Attachment “A” to these minutes. The Operations Manager, Don Brown discussed potential upcoming projects as follows: Asphalt – park entrance and front of administration office. Ethernet installation at Brier Center for security cameras and telecommunications at both centers. Security Staff training. Bocci Bistro – New roof and kitchen expansion. VI. TREASURER’S REPORT: See the Treasurer’s Report, Attachment “B” to these minutes. VII. CORRESPONDENCE: Recording Secretary: Deborah Johnson A member had submitted to the Board for consideration a proposed change in the Rules & Regulations regarding Section A. 2. Site Fences, Trees and Bushes back in September. I responded to this member that I would follow up with Jeff Stott at the next Board Meeting in which Jeff is in attendance. Jeff will respond to this member. E-mail received from Grand Bay Condo Assoc. thanking the park for quieting the exit grate and informing the park that signs have been placed on their private beach front prohibiting vehicles including golf carts. I thanked them for their kind letter and said I would pass on the notice about the signs. Letter was e-mailed from member responding to the Treasurer’s response to her dispute on the topic of Recording Secretary. Jan Faulkner, Park Secretary, responded to this letter. As a result of members’ comments made during the question period after the meeting concluded, a response was sent to both parties involved in an incident reported on November 22, 2014 in which a member’s dog attacked another member’s dog. The attacking dog’s owners agreed to the requirements set forth by the Board of Directors to prevent future instances. VIII. DIRECTORS REPORTS: President’s Report: Coleen Hunter At the recommendation of our Parliamentarian and the Park’s lawyer a “Code of Conduct for Open Meetings of the Birch Bay Leisure Park Association” (Attachment C to these minutes) has been circulated to the Board to provide protocols for all board and committee meetings at Birch Bay Leisure Park. MOVED by Larry Scott and SECONDED: To adopt the “Code of Conduct for Open Meetings of the Birch Bay Leisure Park Association” CARRIED Action Item: Deborah will post the Code of Conduct for Open Meetings of the Birch Bay Leisure Park Association on the website. At the recommendation of the Park’s lawyer we are adopting higher standards to our e-mail practices as e-mails become permanent records of the association. An E-Mail Etiquette Policy has been drafted and will be circulated to the Board prior to the next Board Meeting. A disclaimer will appear on the bottom of all office e-mails effective immediately. We are going to start a search for a new General Manager because Leroy is retiring in June. A draft of the job posting has been sent to the Board for feedback. We would like to post the position next week and have a list of candidates for the Selection Committee by March 15th. Action Item: Coleen and Deborah to create a General Manager Profile for serious candidates. Rules & Regulations: Jeff Stott The Rules & Regs are challenging and need to be updated. We are still looking for members to volunteer for the Rules & Regulations Remediation Committee. The Terms of Reference are on the website. Telecommunications - Don and I are building a plan to bring telecommunications to the Brier and Elm Centers. Steve will provide us with a budget. Security Training - Don and I are building a plan, Steve is to provide us with a budget. Further training of the security staff will be of benefit to the membership. The goal is to have a plan by the end of the month. Public Relations/Communication: Taryn Bell The Facebook page is now at over 160 members. The feedback has been positive. The members are connecting and over the last week, with the floods, neighbors were helping neighbors. Please provide updates for the Facebook page. I have been receiving quotes for updating the website. I will work with Deborah and the office staff on this. I will be putting out another Newsletter. If you have anything you would like to submit please get it to me by the end of February. Deborah and I will work on the Calendar, with input of the Entertainment Committee and publish as soon as possible. Grounds/Maintenance: Jan Faulkner - See Jan Faulkner’s Report, Attachment “D” to these minutes. Public Works/Special Projects: Larry Scott A Rules & Regulations Variance guideline was sent out this week to be discussed at the next meeting. A variance would provide for the relaxation of a Rule or Regulation based on a demonstrated hardship, reviewed through a committee and consultation with sites impacted by this relaxation. Granted variances will not set precedence for others. Volunteers are needed for the Long Range Planning Committee. This Committee reviews our existing capital assets (over 10k) and prioritizes when they will be replaced or upgraded. We are looking for four or five volunteers from the membership. Action Item: Larry to provide Taryn with the Terms of Reference and a posting for the Facebook Group and the Newsletter. Brier is moving along nicely. It is very impressive inside. We are still on track with the budget with some room for making upgrades. There are still two or three change orders pending. Consideration needs to be given to the selection of the interior finishes. We need to start thinking of how we want to celebrate the opening of Brier. For recent pictures see Attachment E to these minutes. Action Item: Larry to circulate to the Board his thoughts on the Brier Opening Celebration. ADJOURNMENT: The Open Board Meeting adjourned at 10:04 am NEXT REGULAR MEETING: February 21, 2015 Chair:________________________________ Recording Secretary: _____________________________ Board members are reminded that they must declare any interest that relates to an item of discussion. Board members have been placed in a position of trust, and it is their responsibility to honor the Association’s need to keep certain information confidential. QUESTION and ANSWER PERIOD: See Attachment “F” to these minutes. ATTACHMENT A General Manager’s Report Thursday, January 08, 2015 So, I must start with some words about our recent flooding. In an effort to maintain everyone’s interest this time, I will be more succinct. The portion of my report dealing with flooding may be copied and pasted to the Facebook page or sent out in an email blast. The drainage ditch drains an area from Birch Bay-Lynden Road to Bay Road as far inland as Kickerville Road. The water in the park comes from this drainage area. Terrill Creek flows past the front of the park. When the creek is high or the tide is high, the County owned and maintained tide gates will not open. The tide gates function and are at the proper elevation for the current sea level. The functioning pumps under Brier Center only handle the water under Brier Center and are off during flood conditions. This water is pumped into the drainage system. If the drainage system is flooded the pumps are off. They cannot alleviate the flooding in the park. In most areas the ditch is chest to head deep in the summer – deeper than the culverts in the system. Making them deeper will not lower the top of the water. The top of the water is what we experience in the park. The permit and sludge mitigation requirements to dredge under today’s regulations would not be time or cost effective –especially for little to no benefit. The only recent question I haven’t answered with the above paragraph is one asking, “Who do I speak to regarding this condition.” Assuming they’re seeking a resolution and not just an update, I don’t know who that would be. I have included a draft ad for my replacement. Résumés are being accepted for the position of General Manager at Birch Bay Leisure Park; an 83 acre memberowned RV park. Serious applicants must be: capable of providing and willing to provide excellent customer service, able to maintain and improve staff relations, knowledgeable of utilities infrastructure (water, power, sewer), as well as grounds, road and building maintenance, productive in Microsoft Office, and possess excellent verbal and written communications skills. Successful candidates will have an attitude of self-determination and self-responsibility. As always, I remain open to suggestions and constructive criticism. Aside from the emotional baggage that goes with writing the above, it’s just not my kind of writing. So any input will be appreciated, up to and including a complete rewrite. Upon request, a risk assessment was performed by our insurance provider. The only items mentioned in the report are inadequate lighting of the two playground areas. Don and I have discussed this and will provide a suitable solution prior to March. In the interest of timeliness I will turn the rest of my report time over to Don. Respectfully submitted, LeRoy Smith, GM ATTACHMENT B Page 1 Birch Bay Leisure Park Board Meeting – January 10, 2015 Treasurer’s Report Penalty From last June's payments all have been made but there is $50 outstanding for the payment of a penalty. Employees All employees have had their staff evaluations. One bonus will be given out to Ken for being in charge of the pool. His work on the pool has resulted in the quality of the pool maintenance being in the top three in Whatcom County. By meeting time it is expected that all staff will know what their raises will be. Raises take effect on January 1. Z Construction There have been some paperwork issues with Z Construction. Blame me as I requested that Deborah follow up with Conditional Releases and Unconditional Releases in a format that Z Construction felt did not fit with our contract. In discussions with Deborah, Karen and Perry we have reached a satisfactory compromise. We will continue to press for Conditional Releases giving them a little more time and will defer most Unconditional Releases until near the end of construction. Please all do the best you can to provide timely cheques to Z. This request is very important at this time of year as not many of the signing officers are around to sign these important cheques. Excess Cash and the Long Range Planning Fund (LRP Fund) By the time Brier is finished it is possible that the LRP Fund is diminished to less than $200,000 after replenishment at December 31, 2014. E.g. the LRP Fund at the year's outset was $1,200.000 and we expect to spend $1,150,000 leaving $50,000. Then the amount of depreciation is expected to be something like $120,000 for the 2014 year and, as a result, will increase this fund to $170,000. As a result of the AGM motion we can no longer use surcharges to replace the funds lost by the $400,000 increase in Brier requirements. Therefore, your Finance Committee reviewed the Excess Cash as previously described in prior Board meetings. Our preliminary findings indicated that our Excess Cash may total something like $280,000 at December 31, 2014 (at the end of November this balance is $295,000). This amount represents the cash available after projected operations to year-end and deducting the required allocations to the LRP Fund. Before making a final recommendation for this allocation the Finance Committee requests the acceptance of the preliminary recommendation of a $100,000 allocation to the Fund as of December 31, 2014. The Committee wishes to take the time to finalize their recommendation as it can still back date the final number when it is meeting in May for the determination of dues before the Board Meeting and the Town Hall Meeting later in May 2015. The Finance Committee wishes to have all the information it can before picking a number. ATTACHMENT B Page 2 The Finance Committee requests acceptance of the concept of allocating $100,000 of cash to the Long Range Planning Fund subject to a final review in May 2015. Entertainment Committee Expenditures Dean is expected to attend the next Board Meeting to explain the rationale for and the type of soccer nets as a recommended expenditure by this committee. November 2014 Financial Statement Review The result for the November year-to-date financial statement and variances is good. The bottom line is $34,700 which is $7,700 under budget. The key variances and discussion points include the following: October was $13,900 year-to-date under budget so we improved by $6,200. A December more than break-even is a good thing. 27 sites are listed for sale. Excess parcel revenue is $1,692 while $4,124 is the membership sales revenue. 14 mailboxes are available. 10 storage spaces are available. There has been a $2,000 decrease in the cost of recyclables and $4,000 increase in the cost of garbage tonnage. $4,300 of sewer repairs included as part of the Long Range Planning Fund responsibility. A reduction of 23k in Repairs & Maintenance. Pool costs were $8,100 over budget as previously explained. Wages and benefits are almost exactly the same as budgeted. Please note that December financial statements will not be dealt with in February or March or later as we try to be more precise with our year-end. Garbage In order to improve your personal commitment to recyclables consider having 3 separate bins. Label your bins for your own family – cans, bottles and paper. Now it will be so much easier to take these items to the Park’s bins. Everything neat and tidy. ATTACHMENT B Page 3 Birch Bay Leisure Park Primer for Understanding Board Meeting Financial Report November 2014 Most months the Treasurer reports on the Profit and Loss for the month and year-to-date for BBLP at the monthly Board meeting. At the September 2014 Board meeting it was decided to include the actual financial data provided to the Board as part of the minutes. The intent of this Primer is to provide some guidelines to aid in a reader’s understanding of the financial material presented. First of all please understand that the Profit and Loss statement presented represents a summary of pages and pages of financial data and so you may not get everything you wish out of the information provided. If that is the case it is possible to ask questions at the monthly Board meeting. Highlights for Understanding 29. The account names correspond to those provided in the year-end financial statements and represent groupings of accounts. 30. The Current column represents the actual income and expenses for the month. 31. YTD for the month represents the total actual income and expenses for the year-to-date commencing January 1 to the month being analyzed. Our year end is December. 32. YTD budget represents the budgeted figures for the YTD for the month being analyzed. The budget is updated twice during the year – once in May and once in November. 33. YTD budget variance represents the difference between the actual YTD numbers compared to the budgeted YTD numbers. A bracket in the income area demonstrates a negative impact on the bottom line while a bracket in the expenses area represents a positive impact on the bottom line. A nonbracketed item demonstrates the reverse in each section of the Profit and Loss. 34. The commentary at the far right is an explanation of the material negative and positive impacts and represents the term Variance Analysis. Sometimes a variance requires a change in strategy so the negative impacts don’t happen again. 35. At the bottom of the page there will be a summary of items included in the Profit and Loss that have been included here but budgeted as Long Range Planning Fund expenses. For bottom line variance analysis the impact of these items should be removed. Please read the above in conjunction with the monthly Profit and Loss statement provided in the Board Meetings. ATTACHMENT B Page 4 Birch Bay Leisure Park Profit and Loss - November 2014 Actual/Budget Comparison Income Dues Initiation Fees Late Fees Special Charges & Other Mailboxes Newsletter Income Storage Sites Interest Income Total Income Current Nov 2014 99,922 1,500 50 1,139 4 0 700 1,132 104,447 YTD Nov 2014 YTD Budget 1,045,288 13,500 3,500 YTD Budget Var 1,045,288 13,500 3,471 18,146 7,023 3,061 7,563 14,874 1,112,955 16,231 6,500 3,000 7,100 13,882 1,108,973 0 0 29 1,915 523 61 462 992 3,982 718 @1,595 - increase of $125 from 2013 There are 27 sites listed for sale. Includes $1,692 in revenue for excess parcels and $4,123.84 for the membership sales advertisement program. 14 mailboxes available 10 storage spaces available Expense Garbage Grounds 1,763 683 42,189 18,533 38,523 17,670 3,666 863 358 28,249 20,178 8,071 40,688 3,567 11,738 (43) 0 31,124 2,759 64,131 4,000 13,253 (27) 0 31,124 2,000 (23,443) (433) (1,515) (16) 0 0 759 Pool Repairs & Maintenance Supplies & Tools Truck, Tractor & Auto Bank Charges & Exchange Donations Insurance Expense Legal & Accounting 1,365 71 780 53 0 3,066 135 Office Expense Public Relations Security Telephone Power Propane Sewer Water Wages Wages - Tax & Benefits Property Taxes Sundry Purchase Discounts Board Contingency Total Expense 466 0 90 324 3,434 832 17,926 9,841 23,397 10,972 0 2,514 0.00 0 78,070 16,084 810 2,857 3,841 46,439 9,990 101,092 60,064 284,284 127,751 119,012 5,429 0.00 0 956,457 15,599 2,775 3,000 3,768 48,889 11,239 101,081 59,715 289,588 122,465 119,100 8,299 0 0 976,372 485 (1,965) (143) 73 (2,451) (1,250) 11 349 (5,304) 5,286 (88) (2,869) 0 0 (19,914) Net Ordinary Income/(Loss) 26,377 156,498 132,601 23,896 Other Income and (Expense) Depreciation Asset Disposal Income Tax Provision (11,239) 0 0 (123,634) 0 0 (140,314) 0 0 (16,681) 0 0 Entertainment Prior Year Correction Net Income/(Loss) 0 0 1,794 0 15,138 34,658 0 0 (7,713) (1,794) 0 There has been a 2k decrease in costs for recyclables and a 4k increase in tonnage of waste in the 30 yd dumpsters. Includes $4,100 increase in repairs and $3,400 increase in propane compared to prior year $4,287.50 was I&I sewer Repairs from LRPF &5k in materials to repair gravel roads. Increased due to activity in legal. Includes Canadian stamps purchased for future use in the amount of $850 Entertainment events raised approx 6,900. Purchased tables for approx 2,500, hats for 1,300, playground expenses 950, & 400 for Volunteer Social 42,371 Note: Projections in bold have been manually adjusted, and are not the sum of current ytd and prior year values. Expenses Funded by Long Range Planning Sewer Repairs $ 4,288 ATTACHMENT C Page 1 CODE OF CONDUCT FOR OPEN MEETINGS OF THE BIRCH BAY LIESURE PARK ASSOCIATION SCOPE OF APPLICATION: This Code applies to all persons, members and guests, who attend open meetings of the Association, Board of Directors, Standing and Board appointed Committee Meetings of Birch Bay Leisure Park. POLICY: This Code of Conduct is intended to promote a healthy open meeting environment that welcomes debate of issues, feedback and expressions of concern in an atmosphere of fairness, courtesy and respect. 1. Open Meeting Decorum: a. Members and members’ guests attending the Board meeting will refrain from behavior which disrupts the business of an open meeting of the Board. This will include making loud noises, clapping, and shouting, booing, hissing, interrupting Board members or other members of the Association, or engaging in any other activity that disturbs, disrupts or impedes the orderly conduct of the meeting. b. Persons in the audience will refrain from creating, provoking, distracting or participating in any type of disturbance involving unwelcome physical contact or verbal abuse. c. Persons in the audience will silence and refrain from using mobile phones, electronic devices and/or pagers while the meeting is in session. d. Persons in the audience will not audiotape or record in any electronic manner the meetings of the Board and Board Committees without the consent of the participants. These policies apply to Scope of the Application of the Code of Conduct 2. Open Question Period: a. The Open Question Period at the conclusion of the Board Meeting or as invited by the Chair has been constructed as an opportunity for members to provide input to the meeting Chair. b. Each member will identify themselves and their site number. If a guest is representing the Park as an agency or a Member; the Park Agency or Member may be requested to confirm they are in fact representing the views of the Park, Agency or Member. c. Each member will be given a reasonable time, typically two (2) minutes to speak on a topic related to the Open Meeting agenda or a related topic, subject to extension at the discretion of the Chair. ATTACHMENT C Page 2 d. If a member of the Board or Committee is confident and able to respond to the input, then a response will be forthcoming. If not, the Recording Secretary will record the input and a response, if required, will be forthcoming. Input will be considered by the Board or Committee and will be taken under advisement, however there is no requirement to respond until information related to the matter can be retrieved, reviewed and formulated into a response. e. The principles of courtesy and respect are essential. Personal attacks, insults, innuendo or questioning of motives is not permitted. Bullying, threats and intimidation will not be tolerated. f. Members must speak in order, and no member may speak a second time until every member who wishes to do so have spoken once. g. The Chair may dismiss previously submitted input, questions or a comment from Members unless it can be demonstrated new information has come forward that is germane to the original comments. h. The Chair may at any time terminate or adjourn the meeting if in the opinion of the Chair, feels the business of the meeting is being compromised, delayed or otherwise obstructed. Person’s failure to comply with this Code of Conduct, and any conduct which will disturb, disrupt or impede the orderly business of Board or Committee meetings shall result in removal of that person or persons from the meeting and or the Termination or adjournment of the Open Meeting. ATTACHMENT D Page REPORT To: President and Board of Directors From: Jan Faulkner, Director, Grounds & Maintenance Date: 08 January 2015 Re: Routine Activity Report As we all prepare for the 2015 season at the Park, I have undertaken the following: (i) Review of Grounds Portfolio: to ensure that I perform the roles assigned and that the description is still valid, I have reviewed the 07 October 2013 portfolio description. (ii) Toured Bath Houses & Laundry Facilities: reviewed the maintenance status of the facilities. (iii) Toured All Berms & Common Landscaped Area: in preparation for the 2015 season I conducted a tour of all common landscaped areas of the Park. (iv) Joint Portfolios - Rules & Regulations and Grounds Maintenance: In consultation with Jeff Stott we have elected to continue to work jointly performing site maintenance visits. Jeff Stott will focus mainly on the technical side of the requirements while I will address the physical visits and work with park staff getting the correspondence written and sent out. Any letters that need to be sent out will incorporate the suggestions we received from members following the 2014 mailings. (v) Preparations for Site Visits: I propose to visit all sites between Centre Way and the front of the park on the weekend of 3-6 April 2015 with any requests for maintenance going out to members between 6 - 10 April 2015. Sites between Centre Way and rear of the Park will be visited on the weekend of 11-12 April 2015 with any required maintenance letters going out during the week of 13-17 April 2015. (vi) Benches – Dedication Plaques: Park staff have replaced the dedication plaques. One plaque had a spelling error and has been reordered. ATTACHMENT E Page 1 ATTACHMENT E Page 2 ATTACHMENT F Page 1 Question & Answer Period: The Chair reminded the audience that the Recording Secretary is taking an audio recording of the meeting for purposes of documenting the minutes of the meeting. Please note some of the dialogue, comments and discussion during the question period may not be captured in these minutes, all direct questions posed and responses from Board are summarized and recorded. Comment: The member from MR-58 asked if we are allowing outsiders to join the Facebook Group. Can we make the updates less repetitious? Response: Members and their families are welcome to join the Facebook Group. I have asked the other Board Members to provide updates for Facebook. Comment: The member from 31-07 commented that the audience members cannot hear the meeting and the membership has been asking for the Board to use microphones at the meeting. Comment: The member from 54-12 reminded the Board of an incident he reported to the Administration Office on November 22, 2014. Another member’s dog broke free from its tether and attacked his dog. He and his wife were able to separate the animals. No harm came to either animal. The member continued to express his concerns about the attacking animal and believes it should be banned from the park. The member has not had a response from the Board of Directors on this incident. Response: Jeff Stott offered his apologies and will consult with Leroy and follow up with the member at 54-12. Question: Board Member Taryn Bell 53-06 asks the Board if there has ever been a dog banned from the park. Response: The member from 31-07 reminded the Board of an animal that was banned from the park in 2005. Comment: The member from 23-02 remembered the dogs that were banned in 2005 and expressed his concern for the lack of response by the Board to the member whose dog was attacked. Question: The member at 34-04 asks if the ditches belong to the park and the tide gate is the property of Whatcom County. Would it be possible, when the tide gate is open, to pump water out? Response: The ditches belong to BBLP and the tide gate is the property of Whatcom County. The tide gate opens when the level of Terrell Creek is down. The tide gate is only open for about three hours. Comment: The member from 44-07 mentioned that he was bitten in the park. He spoke with the dog’s owner and straightened it out. He is upset that the Board hasn’t addressed this before. Question: The member at MR-15 asked if an e-mail went out to advise the members that there was a meeting today. Is it possible to send out an e-mail a week or two before? Response: Members often complain that they receive too many e-mails from us but we will look into it. Question: The member at 23-02 let Taryn know what a great job she is doing with the Facebook page and appreciated the updates during the flood. And asks if the Board is going to provide a new Rule or By-Law banning the use of marijuana in the park? Response: Marijuana is legal in the State of Washington but is still a Federal Offense and the Park’s Rules & Regulations state the following: ATTACHMENT F Page 2 SECTION H. MISCELLANEOUS 1. Crimes: Any member who commits a crime within Birch Bay Leisure Park, under Washington State or U.S. Federal law, will have his/her membership revoked. For the purpose of these rules, a member shall be considered to be a registered member of the Association or a member of his or her family. Comment: The member at 50-02 stated that although marijuana is legal, you cannot do it out in your yard, only in your trailer. Response: The Board would rather not interpret the privacy laws or the laws pertaining to the legalization of marijuana. If the police are called they have ways of dealing with that. Question: The member at 34-04 stated there was a site in her circle that did not comply with requests from the Board to clean up their site. Will the rules and regulations be changed to include consequences if they don’t comply? Response: We will be following up with these members that did not comply to our previous notices very soon. We already have rules in place as follows: SECTION C. MAINTENANCE RESPONSIBILITIES Upkeep of sites and housekeeping of the circle common area is the responsibility of individual members. 1. Sites must be maintained to an acceptable standard as determined by the Board of Directors. Grass must be cut; gardens and unpaved on-site parking areas must be kept weeded. Time allotted to bring into compliance after notification sent, is to be 21 days up to and including May 24 and 14 days thereafter. Fences (see Section A.2.b)), storage sheds, driveways, trailers and the circle common areas must be kept clean and in good repair. Common areas inside the circles are not for storage of privately owned items. 2. Maximum height of trees on a member’s site (excepting the evergreens on Timberline Road) is twenty five (25) feet. Trees must not encroach upon a neighboring site. 3. Failure to comply with the provisions of Section C.1. and Section C.2. will result in the Association taking the necessary steps to complete the required work with the cost being billed to the membership. Comment: The member at 29-09 stated that it was her daughter whose dog was off leash when another member warned them of a danger to the dog for being off its leash. She hopes that the Board makes the right decision regarding this dog attack. Question & Answer Adjourned @ 10:32am Birch Bay Leisure Park Association 7704 Birch Bay Drive Blaine, WA 98230 (360) 371-7122 www.birchbayleisurepark.com MINUTES of the OPEN MEETING of the BOARD OF DIRECTORS PLACE: CHAIR: BBLP Elm Center 7704 Birch Bay Drive Blaine, Washington DATE: Saturday, November 15, 2014 TIME: 9:00 a.m. President Coleen Hunter PRESENT WERE: Directors: Steve Lake – Vice President & Treasurer – in attendance electronically Jan Faulkner – Grounds & Maintenance Jeff Stott – Rules & Regulations – absent with regrets Taryn Bell – Public Relations & Communications Larry Scott – Public Works & Special Projects Richard Tutschek – Entertainment & Recreation BBLP Staff: Leroy Smith, General Manager Deborah Johnson, Recording Secretary / Accountant 7 audience members in attendance. Meeting Protocol The Chair advised members in attendance that the Board will be conducting the business of the Regular Meeting without interruption. At the conclusion of the business of the Regular Meeting there will be a question period for members present in the audience. At the conclusion of the question period the members may be asked to leave so the Board may conduct a closed Executive Meeting. I. APPROVAL OF THE AGENDA FOR THE MEETING MOVED by Jan Faulkner and SECONDED: Approval of Agenda as amended to include “Transition Timeline for General Manager Position” under the President’s report. CARRIED II. APPROVAL OF THE BOARD MEETING MINUTES OF OCTOBER 18, 2014, MOVED by Jan Faulkner and SECONDED: Approval of Board Meeting Minutes of October 18, 2014 CARRIED III. CLARIFICATION OF ROLE OF SECRETARY The Vice- President presented the following report regarding the position of Secretary. Secretary There has been a lot of confusion on the subject of Secretary. Clearly most members do not understand the difference between a Recording Secretary and a Secretary. So let’s review this subject before I make my motion. Note: The following has been supported by our legal representative. A Recording Secretary is an appointed position and can be a member or an employee. A Recording Secretary does not have the right to participate in any discussion in a Board Meeting unless called upon to do so. A Recording Secretary is not an officer and does not have the right to vote on any Board matters or be a signing officer except in the case of an employee who may have that responsibility in the role as an employee. A Secretary is an officer and has the right to vote and participate in Board discussions. A Secretary can sign cheques if given that status. A Secretary typically signs special legal documents. If such a Secretary is to be on the Board that position must become a member of the Board and be part of an election process as other Directors are. It is possible that this Secretary is also the Recording Secretary but it has not been the tradition of Birch Bay Leisure Park for this to happen. It is normal that a Board does not have a Secretary who functions just as a Secretary since there are few functions for such a position. It is normal that the Secretary function is carried out by another officer in a dual role capacity. For example: on another Board that I serve on I am Secretary-Treasurer and we have an employee as Recording Secretary. Our Board (and previous Birch Bay Leisure Park Boards) has not gone through the formal process of assigning this dual role and, therefore, I would like to make a motion: MOVED by Steve Lake and SECONDED: To make Jan Faulkner the Secretary for this Board. He will carry out the role of Secretary for signing such legal documents as is necessary for this Board. CARRIED IV. RECONSTITUTION OF THE HR & COMPENSATION COMMITTEE (TO INCLUDE CONSIDERATION OF THE DISSOLUTION OF THE HR & COMPENSATION COMMITTEE) The HR & Compensation Committee (formerly named Wage Committee) is a necessary and longstanding committee. The purpose of the Wage Committee extended beyond wage review to include review of benefits, development of policy, performance appraisal, discipline and safety. The name was changed to The HR & Compensation Committee to reflect what the committee was doing and the Terms of Reference was approved by the Board of Directors. The Terms of Reference, as a result of discussion at the AGM, has been revised to include timely notification to the Board of any significant employee action and the fact that the General Manager cannot be present during the initial deliberation of the General Manager’s compensation. The members of this Committee are the President, Treasurer and General Manager. If the Committee makes a decision it is a decision of the Board. MOVED by Larry Scott and SECONDED: To reconstitute the HR & Compensation Committee with President, Treasurer & General Manager and amend the Terms of Reference to include timely notification to the Board of any changes and the protocol on General Manager compensation. CARRIED V. GENERAL MANAGER’S REPORT See Leroy Smith’s report, Attachment “A” to these minutes. Leroy has resigned from BBWARM. Leroy’s participation in BBWARM has put Birch Bay Leisure Park in a very good position as a responsible organization to deal with the environmental protection of Birch Bay. The spike silencer for the front exit grate will be ready for testing next week. The Board is concerned that the compactor may be present a labor encumbrance due to the size of the hopper and that the baler produces a fourteen hundred pound bale. The Board would ask that staff revisit the topic and recommend other options. Action Items: Leroy will go back to the staff for their input. VI. TREASURER’S REPORT See the Treasurer’s Report, Attachment “B” to these minutes. MOVED by Steve Lake and SECONDED: To make effective from January 1, 2014 that the interest income be allocated to the Long Range Planning Fund. CARRIED MOVED by Steve Lake and SECONDED: To accept the Finance Committee’s recommended increase in dues of $35.00 effective for the December dues requirement. CARRIED Action Item: Long Range Planning Committee - The office will forward the Long Range Planning Committee’s Terms of Reference to Steve, Larry, Richard and Leroy who will meet and discuss possible updates to the TOR while they await responses from incumbent committee members and solicit new members. The Board discussed the Entertainment Committee’s proposed expenditures. It was noted that the Entertainment Committee has been inconsistent in their position regarding purchases for the buildings (Brier, Elm & Bocci Bistro). The Treasurer conveyed that the Committee would consider purchases for the Brier Center using Entertainment Funds when the need arises. The consensus of the Board is that the Entertainment Committee may proceed with the purchase of two tennis tables and accessories. It was noted that, subject to Chair approval, the Entertainment Committee may incur non-activity expenses up to $900 as is permitted in their Terms of Reference without Board approval. Action Item: Entertainment Committee Expenditure Proposal – Entertainment Committee Chair, Dean McKinnon is to be asked to attend a future Board Meeting to provide clarification regarding the request for goal posts, TV projector & motorized screen. VII. VIII. CORRESPONDENCE: Recording Secretary: Deborah Johnson At the last meeting a member stated she had not received notification of Rules & Regs changes. The office researched this and it was found that notifications had been sent, the member was sent an e-mail in response. Further disputes were received from this same member insisting they had not been properly notified of Rules & Regulations changes and disputed the Recording Secretary Appointment. Letters were mailed to this member providing the dates the e-mail notifications were sent to them and informed them that the topic of Secretary was on the agenda for this meeting for further discussion. A member e-mailed a complaint regarding breach of privacy of her e-mail address as she received an unwanted communication from a member. A reply was sent to this member apologizing for the breach and thanking her for notifying us. Please note that the offending member was previously asked to delete the members’ e-mail addresses that were accidentally shared in an e-mail blast. Proposal received from Whatcom County Public Works – Birch Bay Drive at Lora Lane Embankment Stabilization Project and request for temporary construction easement and permanent drainage easement. This topic was an item on the General Manager’s report and our approval forwarded to Whatcom County Public Works. DIRECTORS REPORTS: President’s Report: Coleen Hunter A proposed timeline for General Manager Transition and job descriptions for the General Manager, Operations Manager and Office Manager have been distributed to Leroy and Steve. Once this has been accepted and shared with the affected staff, it will be distributed to the Board with a proposed timeline. According to the timeline, on th January 12 we post the GM positon internally and externally and appoint a Selection Committee from the Board to screen and present their selection by the end of March as Leroy is leaving in June. Meeting etiquette. Five years ago we converted the Board Meetings from closed to open to include the membership and added the question portion to answer Members’ questions, allow them to voice their concerns and provide feedback to help the Board with future deliberations. The question portion has turned into a debate about staff and Board Members and their actions. At the recommendation of our Parliamentarian we should institute protocols. Action Item: Coleen and Deborah will propose meeting etiquette taking the Board’s extensive discussion points into consideration and Chair will manage the meetings more efficiently. The Parliamentarian has also suggested that we circulate some points for e-mail etiquette to become protocol for the office and the Board on member communications as e-mail communications can become part of the Park’s records. As a result of the Ebola outbreak and flus, although it might be extremely rare, Jeff Stott has shared some literature from the Ministry of Health that provides basic preventative equipment and training for the staff to avoid exposure. Public Relations/Communication: Taryn Bell A web designer has provided Taryn with an estimate and she will discuss with Leroy further. The Facebook page is going really good considering it has been up since September. The feedback has been really good. Dangerous breeds of dogs are not allowed on military bases and insurance companies will not insure households with dangerous breeds. The members are not required to have insurance here. In the US there were 283 people killed by dangerous dogs. 74% were a pit-bull mix. Many cities have now banned them or require them to wear a muzzle. The breeds have been bred for power and fighting. This should be addressed in the Park. Action Item: Jeff Stott will review the existing Rules & Regulations in respect to dogs in light of current concerns and potential communications. There should be a phone at the pool for safety purposes. Leroy responded; we had to move the phone up to the front of the park while Brier is under construction. The phone booth will be moved back up to Brier when it is completed. The Park provided the Pool Attendant with a cell phone for emergency purposes over the summer. Should the park look into investing in a defibrillator? The Board consensus is that it is a good idea and, due to the required training of staff, will be a consideration in 2015. Recreation & Entertainment: Richard Tutschek The Entertainment Committee has made a request to purchase racks for the existing tables and chairs in the amount of approximately $1,400 including shipping. MOVED by Richard Tutschek and SECONDED: To accept the proposal for the four carts subject to size fitting into the rooms designated for storage at Brier. CARRIED Subsequent to this Meeting these carts were approved and purchased for the Elm Center. Grounds/Maintenance: Jan Faulkner I am hoping to have an agenda/schedule for the New Year by the next meeting in January. The Board discussed the issue of hedge heights; a review of the current rule and development of a proposed variance process to relax certain rules under certain conditions of hardship. Action Item: Jeff and Jan will consult and address the hedge and fence height issues in early 2015. The Board commended Jan on his efforts, going out of his way, to work with the membership on site compliance. Further discussion included the rules regarding trailer height and the understanding is there is no height restriction. Public Works/Special Projects: Larry Scott The drain system for Brier has been approved by a consultant. The foundation additions have been completed and the floor joists have been added. The foyer has been framed in for windows. Things will move quite quickly now and updated pictures will be provided to Taryn for posting on Facebook. The estimated completion is mid-February. Coleen commented that she had taken a tour and that it was exciting to see the progress and the new footprint compared to the previous layout of the old structure. ADJOURNMENT: The Open Board Meeting adjourned at 11:48 am NEXT REGULAR MEETING: January 10, 2015 Chair: ________________________________ Recording Secretary: _________________________ Board members are reminded that they must declare any interest that relates to an item of discussion. Board members have been placed in a position of trust, and it is their responsibility to honor the Association’s need to keep certain information confidential. QUESTION and ANSWER PERIOD: See Attachment “C” to these minutes. ATTACHMENT A General Manager’s Report November 13, 2014 I have attached information and a quote on a cardboard baler. Since this quote is for a 3 phase powered baler and a single phase unit is an additional $5000, I have included a data sheet on a single phase to 3 phase power converter. I have upgraded the selection in case a garbage compacter is added at some future date. The converter will run $1300 and is considerably cheaper than running another high voltage line from the splice vault (more than 300 feet away from the transformer in front of the shop) and swapping the single phase transformer with a 3 phase one. We would need to add an eighty amp breaker to the load center in the shop, either mounting the converter by the load center or at the recycle shed. It would probably be best to consult an electrician on these decisions. There are recycling containers on order for your consideration. The selections are relatively durable – if a trifle small from my observations - and range from $6 to $12. I’ll bring them to the next meeting. The temporary construction and permanent maintenance easements allowing removal of the deteriorating log wall flanking the tide gates have been signed and delivered to the county. This will enable the county to shape the beach access and stabilize the eroding bank. This area will be the southern extent of the new pedestrian promenade and its protective berm. The construction of the walkway is scheduled for 2016, from Lora Lane to Cedar Avenue. The county will replace substandard storm water facilities at the same time they’re helping to protect the area from storm caused flooding along Birch Bay Drive. Respectfully submitted, LeRoy Smith, GM ATTACHMENT B Page 1 Birch Bay Leisure Park Board Meeting – November 15, 2014 Treasurer’s Report Penalties Still one member’s dues are outstanding. We had difficulty in tracking her down as she had changed addresses. We have now re-proceeded with normal steps to ensure normal protocols. We have not taken the re-possession steps yet. Secretary There has been a lot of confusion on the subject of Secretary. Clearly most members do not understand the difference between a Recording Secretary and a Secretary. So let’s review this subject before I make my motion. Note: The following has been supported by our legal representative. A Recording Secretary is an appointed position and can be a member or an employee. A Recording Secretary does not have the right to participate in any discussion in a Board Meeting unless called upon to do so. A Recording Secretary is not an officer and does not have the right to vote on any Board matters or be a signing officer except in the case of an employee who may have that responsibility in the role as an employee. A Secretary is an officer and has the right to vote and participate in Board discussions. A Secretary can sign cheques if given that status. A Secretary typically signs special legal documents. If such a Secretary is to be on the Board that position must become a member of the Board and be part of an election process as other Directors are. It is possible that this Secretary is also the Recording Secretary but it has not been the tradition of Birch Bay Leisure Park for this to happen. It is normal that a Board does not have a Secretary who functions just as a Secretary since there are few functions for such a position. It is normal that the Secretary function is carried out by another officer in a dual role capacity. For example: on another Board that I serve on I am Secretary-Treasurer and we have an employee as Recording Secretary. Our Board (and previous Birch Bay Leisure Park Boards) has not gone through the formal process of assigning this dual role and, therefore, I would like to make a motion: Motion: To make Jan Faulkner the Secretary for this Board. He will carry out the role of Secretary for signing such legal documents as is necessary for this Board. Interest Income and Reserve Funds – A Motion At the AGM there was a successful motion to allocate all interest income to the Long Range Planning Fund from the AGM forward. There was some confusion over this to this extent – we put a ceiling of $1,500,000 on the InfraStructure Fund and so only the Long Range Planning Fund can accept such allocations from our interest income. I have no problem with this allocation. If you recall the Finance Committee and the Board previously discussed the possibility of doing such an allocation of the interest funds but we did not follow through. What I would like to do, and your Finance ATTACHMENT B Page 2 Committee has approved and recommended this, is to make this allocation of interest income retroactive to January 1, 2014. So here is my motion: Motion: To make effective from January 1, 2014 that the interest income be allocated to the Long Range Planning Fund. Long Range Planning Committee The Long Range Planning Committee has not been re-instated. It has not been active since May 2013. I would like to hit the ground running with our Long Range Planning going forward even before Brier is completed. This inactivity was planned since we wanted to focus on the Brier completion. Your Finance Committee approved and recommended the following mandate: To reconstitute the Long Range Planning Committee as soon as possible. To review the expenditures over $10,000 for non-recurring maintenance costs, asset replacements and any other capital expenditures for a 10 year period ending 2025. This approach is consistent with the previous Committee’s mandate. In addition, that the Long Range Planning Committee also consider a wish list for such items that do not presently exist – a member survey, meetings, etc. may be useful for such a consideration. A preliminary draft would be useful for the May 2015 Town Hall meeting. A Chair would be appointed as soon as possible and this Chair, along with me, would select the Committee. Ideally our current Director, Richard, would be Chair. Some Committee member possibilities have been approached but it would be inappropriate to finalize the Committee so that the Chair may participate in the Committee selection. Concept of Excess Cash As a result of a successful motion of the termination of surcharges for replenishment of extra funds taken by Brier a review of Excess Cash will done by the Finance Committee. The principles will be the same as used previously. The Finance Committee previously noted that there still was excess cash but wanted to “wait and see” how cash usage played out. But it will now review this subject again and hopefully come up with a further allocation to the Long Range Planning Fund by December 31, 2014. Review of 2015 Budget and Dues for 2015 1. First of all we all must understand that we need a new approach to the preparation of our budget. Consider the following: Since interest income is allocated to the Long Range Planning Fund interest income cannot be included in the cash flow for break-even purposes. Although it will be included in the financial statements. Since depreciation determines the base for replenishment of the Long Range Planning Fund it is critical to be at break-even or better in our year-end income results. We no longer have ATTACHMENT B Page 3 2. Comments concerning normal budget preparation include the following: 3. surcharges to replenish Brier’s usage of cash from the Long Range Planning Fund. Therefore, it becomes important that we are more conservative than usual in preparing the budgeted income. Hence there will be a contingency of some significance in the budgeted numbers. It becomes important to include approved budgeted non-capital expenditures of the Entertainment Committee in the income budget for 2015. The list of proposed expenditures, including capital expenditures, presented is listed at the bottom of the page. Only items less than $1,000 are included in the budgeted numbers. Any Long Range Planning Fund Expenditures of a repair and maintenance nature must be included in the operational budget. Our budget presents a bottom-line of $5,000 which represents the budgeted amount of interest income that will be allocated to the Long Range Planning Fund. In Repairs there is $4,000 that includes $2,000 for non-capital expenditures for the Bocce Bistro and $2,000 for a website upgrade. In Public Relations budget of $3,000 there is a $500 budget for Newcomers. The contingency of $24,870 is a plug to arrive at $5,000 bottom line. Originally the Finance Committee wanted to have a $30,000 contingency number to ensure breakeven plus $5,000. The result is an increase of the semi-annual dues for December’s payment in the amount of $35 for a total payment of $870.00. There will be no surcharges now or the foreseeable future. Motion: To accept the Finance Committee’s recommended increase in dues of $35.00 effective for the December dues requirement. Entertainment Committee Expenditure Proposals These proposals have been priced and discussed with Dean McKinnon, the Chair of this Committee. 1. 2. 3. 4. 5. 2 indoor/outdoor table tennis tables and accessories 2 Soccer goal posts TV Projector and motorized screen from ceiling for Elm Bingo cards, bingo balls Bingo machine $9,000 ** 6. We concluded this may be too much for 5-6 times/year. Paint key on basketball court *** Total $3,000 3,500 2,500 500 000 000 $9,500 ***I suggested this should come from General Funds. **LeRoy should look into a simple upgrade of bingo machine issues. *$2,000 of the above is non-capital in nature and included in the budgeted income statement. ATTACHMENT C Question & Answer Period: Please note some of the dialogue, comments and discussion during the question period may not be captured in these minutes, all direct questions posed and responses from Board are summarized and recorded. Board Member Larry Scott addressed the audience and stated the Board encourages questions and comments. Comment: The member from MR-58 thanks the Board for having open board meetings. She has been here for almost twenty years and the biggest gripe in this park about the meetings is the members are tired of the pettiness and they are tired of not hearing the issues they are really interested in. They choose not to come until it is gone. Comment: The member from MR-58 commented that the members voted in the Board and trust they will do the job and don’t need to question the Board about petty stuff. The members are very uncomfortable with the behavior of some of the members in the audience at the meetings and so many of them don’t know if they will attend next year’s AGM. We need volunteers and they won’t see what opportunities are available if they don’t attend the meetings. Response: The Board needs to be accountable. The Board needs to stand up to the members when they get out of hand and ask them to leave because that isn’t the right way to deal with people and nothing gets accomplished. If people want change they need to step up to the plate or choose to be silent. Question & Answer Adjourned @ 11:53am Birch Bay Leisure Park Association 7704 Birch Bay Drive Blaine, WA 98230 (360) 371-7122 www.birchbayleisurepark.com MINUTES of the OPEN MEETING OF THE BOARD OF DIRECTORS PLACE: CHAIR: BBLP Elm Center 7704 Birch Bay Drive Blaine, Washington DATE: Saturday, October 18, 2014 TIME: 9:00 a.m. President Coleen Hunter PRESENT WERE: Directors: Steve Lake – Vice President & Treasurer Jan Faulkner – Grounds & Maintenance Jeff Stott – Rules & Regulations – absent with regrets Taryn Bell – Public Relations & Communications – joined the meeting electronically at 9:06 a.m. and left the meeting at 9:35 a.m. due to technical issues. Larry Scott – Public Works & Special Projects Richard Tutschek – Entertainment & Recreation - absent with regrets BBLP Staff: Leroy Smith, General Manager Deborah Johnson, Acting Recording Secretary / Park Accountant Circle Rep Committee Chair: Doug Parmenter 13 audience members in attendance. Meeting Protocol The Chair advised members in attendance that the Board will be conducting the business of the Regular Meeting without interruption. At the conclusion of the business of the Regular Meeting there will be a question and answer period for members present in the audience. At the conclusion of the question & answer period the members may be asked to leave so the Board may conduct a closed Executive Meeting. I. APPROVAL OF THE AGENDA FOR THE MEETING MOVED by Steve Lake and SECONDED: Approval of Agenda as amended to include “Philosophy of Garbage” under the Treasurer’s report. CARRIED II. APPROVAL OF THE BOARD MEETING MINUTES OF SEPTEMBER 13, 2014 & AGM MINUTES OF AUGUST 31, 2014 MOVED by Larry Scott and SECONDED: Approval of Board Meeting Minutes of September 13, 2014 & AGM Minutes of August 31, 2014. CARRIED III. APPOINTMENT OF RECORDING SECRETARY The Board discussed the benefits of staff carrying out the duties of Recording Secretary. The appointment of a staff member to Recording Secretary is permitted under the Park’s By-Laws. The Treasurer reports there is a cost benefit to the park as the normal remunerations ($240 plus ¼ of the dues and assessments annually) would not apply to a staff member and Deborah can fit these additional duties into her work week. Additionally Deborah has organized the materials as suggested in Robert’s Rules of Order which will be easily passed on to the next Recording Secretary. Deborah has also been proactive in preparing the Agenda for today’s meeting, which was most helpful. Deborah attends the meetings, prepares the minutes, has insight to what could be added or questioned to the Board and has access to all the office files. The Board concurs that they are pleased with the timeliness and quality of work and see no reason to make a change. MOVED by Larry Scott and SECONDED: Appointment of Deborah Johnson to Recording Secretary. CARRIED IV. CIRCLE REPRESENTATIVE REPORT: Circle Representative Chair, Doug Parmenter reports: The Circle Representatives held five meetings this year, all very productive. The group is working on the Ten Ways to be a Good Neighbor; trying to narrow it down to best suit the needs of the membership. Terms of Reference for the Circle Representatives Committee was approved at the last meeting and presented to the Board for their review and approval prior to the first meeting of the Circle Representative Meeting of 2015. The Committee requests the Action Item List be completed prior to the first meeting of 2015. The 2015 meeting dates have been established and an updated Circle Representative list has been provided to the office for publication in next year’s Newsletter. We would like to stress to the membership to pick up a copy of the By-Laws and Rules and Regulations. The Board responded to a request made by Doug on behalf of the Circle Rep Committee for the membership to have full access to the Elm Center. The Board will review member access upon completion of Brier. Until then, access will only be given to those reserving the Elm Center for a special event. V. GENERAL MANAGER’S REPORT: See Leroy Smith’s report, Attachment “A” to these minutes. Leroy demonstrated an application he developed for staff that has the Rules & Regulations, electrical, sewer, water and drainage maps, and a radar device. The Board discussed the increasing costs for managing the garbage and recycling in the Park. Educating the members is essential as are incentives and, as a last resort, penalties. Action Items: Leroy will order a larger cardboard dumpster and research a baler. VI. TREASURER’S REPORT Steve Lake Reported: VI. Steve informed the Board that the new bank documents are here and asked them to please sign before leaving the meeting. st The Finance Committee Meeting is November 1 at Elm. Board members are welcome to attend. One member has still not paid their dues. A certified letter was sent and refused. The member received the notice via e-mail and provided a current address. The certified letter will be resent and we will proceed with the next step of repossession if the amount due is not paid. Financial Report for September 30, 2014 provided to the Board comparing actual to budget instead of year over year. See Attachment “B” to these minutes. This will also be used as a basis for 2015 budget planning. Pool expense is over budget, as expected. We intend to increase this budget in order to keep the pool open with staff for two more weeks in 2015, weather permitting. Variance reported in Entertainment as they have spent more funds than were raised in the current year. We have asked the Entertainment Committee for their 2015 budget. Future reporting will include Garbage costs including labor hours and dollars. CORRESPONDENCE: VII. Recording Secretary: Deborah Johnson th An e-mail was received by a member on September 15 inquiring about the Recording Secretary appointment. A response will be sent to the member announcing the appointment as resolved by the Board in Item III of these minutes. An e-mail was received proposing a change to the Rules & Regulations Section A.2.g. The Board instructed that this item will be on the Agenda for the next meeting when Jeff Stott will be in attendance. A letter of complaint from a neighbor was received via e-mail regarding the noise of the exit grate. An acknowledgment was sent thanking them for their patience as we work towards a solution. DIRECTORS REPORTS: President’s Report: Coleen Hunter As resolved at his orientation, with support from the Board and volunteers, Richard Tutschek’s portfolio is Entertainment. He will also lend his expertise to the Brier Project and Long Term Planning during his one year appointment. Richard provided a report on the garbage situation which was circulated to the Board. See Attachment “C” to these minutes. Public Relations/Communication: Taryn Bell The Board consented to interrupt the Circle Rep Chair’s report (item IV to these minutes) and allow Taryn to give her report prior to leaving the meeting due to technical issues The Birch Bay Leisure Park Facebook Group has been joined by seventy plus people. Facebook will be updated to communicate the availability of Brier numbers on the Park’s website. Grounds/Maintenance: Jan Faulkner The new memorial bench plaques have arrived and were delivered to staff for installation. The membership is being encouraged to clean up debris that may have piled up at the sites and attend to the center circles. The proposed remediation to the non-compliant fence is being negotiated and all parties are proceeding with a spirit of cooperation. This will be discussed at a later meeting when Jeff Stott is in attendance. The Board commended Jan on his efforts and success, remarking that the Park has not looked this good in years. Public Works/Special Projects: Larry Scott Despite what you see, there has been progress on the Brier Project. Details are being worked out to upgrade drainage for the roof water. The foundation is done, the floors are near completion. Leroy presented a sample of the flooring insulation. Once the floors are completed, the interior walls will go up and construction will progress rather quickly with electrical wiring and plumbing. Onward and upward. The contingency numbers that were speculated have come in under budget. We plan to meet with the contractor and architect to discuss the contingency items and the possibility of upgrading the windows and doors to the quality specified in the original design. But only within our budget without causing delays. If safety requirements can be met, we can schedule a walkthrough next month. Brier completion is estimated for the end of January. ADJOURNMENT: The Open Board Meeting adjourned at 10:54 am NEXT REGULAR MEETING: November 15, 2014 Chair: ________________________________ Recording Secretary: __________________________________ QUESTION and ANSWER PERIOD: See Attachment “D” to these minutes. Board members are reminded that they must declare any interest that relates to an item of discussion. Board members have been placed in a position of trust, and it is their responsibility to honor the Association’s need to keep certain information confidential. ATTACHMENT A General Manager’s Report October 17, 2014 Sometimes the numbers come out the way you want them to. Sometimes they don’t. I thought it would be easy to find the cost savings of using a trash compactor. There aren’t any. Perhaps if Leisure Park were a year round community there would, eventually, be a savings, but we aren’t. The winter month rental payments exceed the cost of our garbage haul outs. And even though we could skip some monthly haul outs the garbage would need to be taken away at some point and the total tonnage bill would come due. To answer the Board’s question about costs I analyzed the month of August. I thought it would provide the worst case. I was wrong, with July being the worst month by far. Still, the August numbers are astounding (not a word I’ve often used in this job). Over thirty-six and one half tons of garbage were hauled away. That’s about 100 pounds per site. This does not include recycling (glass, cans, plastic bottles, wood, paper and cardboard), equaling another fourteen tons. Legal brush bin contents are not included in this number as most of that actually stays in the park. It also doesn’t include anything the raccoons ate, as that residue also remains in the park. If cost is the deciding criteria for a trash compactor, then I must withdraw my request. We’ll just have to find some other way to fight the raccoons. Future raccoon numbers are only a prediction. If they do bear out then you might want to remember the compactor solution. The 2 yard dumpster lifts equaled 27 tons last August at a cost of $4,071.87. The filled 30 yard dumpster up front leaves the Park at just over 3 tons, at an average cost of $475. If we replace the 2 yard dumpsters with 30 yard dumpsters that will add another nine haul outs, increasing the cost to $4275. I will not attempt to predict how much the loss of the brush bins will add to this cost. Conservatively, but including benefits, we probably spend close to $500 a week (or one dumpster haul out) in August to do recycling and clean brush bins. If our recycling process is ended then that 14 tons (add another 3 and 2/3 hauls next August) goes out of the park at the considerably higher rate of garbage. We lift and pour the recycling bins into a dedicated dumpster because it’s cheaper, to the tune of $10,000 to $15,000 a year, to do it that way. Recycling is cheaper in more ways than one, and we do it efficiently. I have attached a spread sheet with some of the numbers. Regarding the noisy exit spikes; I have purchased the UHMW plastic and will try shaping a piece next week. It’s a bit more complicated than I originally envisioned because I forgot we need to lower the spikes for incoming trailers. I have to allow for a bar to contact the back of the spikes and push them down. I’ll have to mill in a recessed space for the bar to slide. I do have a small show and tell. I promised you radar. You get better than radar. Respectfully submitted, LeRoy Smith, GM ATTACHMENT B Page 1 Birch Bay Leisure Park Primer for Understanding Board Meeting Financial Report September 2014 Most months the Treasurer reports on the Profit and Loss for the month and year-to-date for BBLP at the monthly Board meeting. At the September 2014 Board meeting it was decided to include the actual financial data provided to the Board as part of the minutes. The intent of this Primer is to provide some guidelines to aid in a reader’s understanding of the financial material presented. First of all please understand that the Profit and Loss statement presented represents a summary of pages and pages of financial data and so you may not get everything you wish out of the information provided. If that is the case it is possible to ask questions at the monthly Board meeting. Highlights for Understanding 36. The account names correspond to those provided in the year-end financial statements and represent groupings of accounts. 37. The Current column represents the actual income and expenses for the month. 38. YTD for the month represents the total actual income and expenses for the year-to-date commencing January 1 to the month being analyzed. Our year end is December. 39. YTD budget represents the budgeted figures for the YTD for the month being analyzed. The budget is updated twice during the year – once in May and once in November. 40. YTD budget variance represents the difference between the actual YTD numbers compared to the budgeted YTD numbers. A bracket in the income area demonstrates a negative impact on the bottom line while a bracket in the expenses area represents a positive impact on the bottom line. A nonbracketed item demonstrates the reverse in each section of the Profit and Loss. 41. The commentary at the far right is an explanation of the material negative and positive impacts and represents the term Variance Analysis. Sometimes a variance requires a change in strategy so the negative impacts don’t happen again. 42. At the bottom of the page there will be a summary of items included in the Profit and Loss that have been included here but budgeted as Long Range Planning Fund expenses. For bottom line variance analysis the impact of these items should be removed. Please read the above in conjunction with the monthly Profit and Loss statement provided in the Board Meetings. ATTACHMENT B Page 2 Birch Bay Leisure Park Profit and Loss - September 2014 Actual/Budget Comparison Income Dues Initiation Fees Late Fees Special Charges & Other Mailboxes Newsletter Income Storage Sites Interest Income Total Income Current YTD YTD YTD Sept 2014 Sept 2014 Budget Budget Var 99,922 2,500 50 845,445 10,000 3,400 2,271 22 199 700 1,321 106,984 845,445 11,538 3,429 15,771 7,015 3,049 6,136 12,536 903,352 14,541 6,303 3,000 5,903 11,701 901,860 0 (1,538) (29) 1,230 712 49 233 836 1,492 718 @1,595 - increase of $125 from 2013 There are 29 sites listed for sale. Includes $777 in revenue for excess parcels and $3,382 for the new membership sales advertisement program. 15 mailboxes available 11 storage spaces available Expense Garbage Grounds 4,904 (69) 37,765 17,225 35,149 16,534 2,616 691 Pool Repairs & Maintenance Supplies & Tools Truck, Tractor & Auto Bank Charges & Exchange Donations Insurance Expense Legal & Accounting Office Expense Public Relations Security Telephone Power Propane Sewer Water Wages Wages - Tax & Benefits Property Taxes Sundry Purchase Discounts Board Contingency Total Expense 1,692 4,334 28 399 60 0 3,066 1,310 1,011 70 141 528 4,145 552 23,445 16,196 15,706 14,155 0 1,225 0.00 0 92,899 27,458 33,124 3,455 9,566 (151) 0 24,992 2,406 13,487 810 2,633 3,096 37,749 8,538 83,166 50,223 236,523 105,826 59,520 2,915 0.00 0 760,328 19,613 33,979 3,858 10,586 (108) 0 24,992 1,571 14,433 2,565 2,917 3,000 39,064 9,311 83,865 50,351 237,058 103,879 59,564 3,817 0 0 755,997 7,845 (854) (403) (1,020) (42) 0 0 835 (946) (1,755) (284) 97 (1,315) (773) (698) (128) (535) 1,947 (44) (902) 0 0 4,331 Net Ordinary Income/(Loss) 14,085 143,024 145,863 (2,840) Other Income and (Expense) Depreciation Asset Disposal Income Tax Provision (11,239) 0 0 (101,155) 0 0 (101,155) 0 0 0 0 0 Entertainment Prior Year Correction Net Income/(Loss) 6,003 0 1,794 0 0 0 (1,794) 0 8,848 43,663 44,708 (1,045) Expenses Funded by Long Range Planning Sewer Repairs $ 4,288 There has been a 2k decrease in costs for recyclables and a 4k increase in tonnage of waste in the 30 yd dumpsters. Includes $4,100 increase in repairs and $3,400 increase in propane compared to prior year $4,287.50 was I&I sewer Repairs from LRPF. Entertainment events raised approx 6,900. Purchased tables for approx 2,500, hats for 1,300, playground expenses 950, & 400 for Volunteer Social ATTACHMENT C GARBAGE PROPOSAL Report from Richard Tutschek Before I present my proposal, I would just like to mention how I came to arrive at this conclusion. Every year for a while during the spring/summer, the bath houses’ garbage has been overflowing and recycling is dumped all over the place. I have noticed household items left in the bin or via the brush bin side of the bath houses. Unfortunately this is due to pure laziness of some members, which is not something they would likely do at home – so why do it at Birch Bay Leisure Park? The attitude seems to be that someone gets paid to clean it up and sort all the recycling. Hence my next point. We pay two employees two full days a week going around and picking up recycling and then sorting it. What is the cost? Is this an effective use of employees’ time? We should find out how much this translates into money. 1. Remove all bath house garbage and recycling. Remove the fencing and clean up around the bath houses. 2. Strategically place two large bins for garbage – one near the back of the park and one near the front of the park. This reduces the eyesore in front of the park. Also building a fence around the existing garbage and recycling containers would look nice, but will likely encourage people to throw garbage over the fence and create another mess to clean up. 3. Having two larger bins would mean more capacity and the newer type would be more environmentally friendly. 4. For members that complain, we can remind them that garbage collection is shut down from October to early spring. Before we look further at any costing, we should discuss this at the Board level. I suggest that now the garbage bins are closed, we have some time to investigate this to get all the facts in and have time to discuss. I would like to say that we hold off on fencing around the main garbage area so not to waste any money if we move in a different direction. I also suggest that we email and send out letters to all members and inform them of the state of the garbage situation. Once we have all the facts we can share what garbage and recycling is costing and show the alternatives if this is not corrected. We could look at this again this time next year because by then the members will have been informed and warned. Respectfully Richard Tutschek ATTACHMENT D Question & Answer Period: Please note some of the dialogue, comments and discussion during the question period may not be captured in these minutes, all direct questions posed and responses from Board are summarized and recorded. Comment: The member from 22-02 Remarks that they enjoy the pool and Ken has not been given enough gratitude for his performance. Response: Board responds that Ken was acknowledged at the last meeting. Ken had brought that up as a topic at the employee meeting and staff was encouraged to bring stories forward to the Board so they can be shared and they can be acknowledged. The annual salary review will be completed in December, effective January one. It is at that time we will consider bonuses, wage increases and professional development opportunities. Question: The member from 50-02 remarks that in previous years the park had eleven employees and now we have seventeen and questioned the increase in staff. Response: The General Manager responds that the number of employees in the summer is seventeen, in the winter it is eleven. Question: The member from 22-02 asks why the Board selected a Board member that isn’t willing to do Entertainment and criticized the Board’s decision. Response: The Chair corrected the member and clarified that Richard Tutschek would take the Entertainment portfolio but he would add expertise where we needed it on the Board in areas of Brier. Comment: The member from 50-02 stated his safety concerns with a garbage compactor and agreed with the General Manager’s recommendation for the cardboard dumpster to have a slot for an opening and suggests that better signage is needed at the dumpsters. Response: The Board agrees with the need for education and improved signage but cautious not to spend a lot of money and time on the 15% of people that don’t do the job. Comment: The member from CW-19 reminds the Board that the request for better signage was brought up at Circle Rep Meetings and it is on their Action Items List. Response: Board and staff confirmed that is on the list of things to do. Comment: The members from 22-02 & 50-02 argued at length and throughout the Q&A portion of the meeting that the appointment of a staff member to Recording Secretary is against the rules insisting that the Recording Secretary must be a volunteering member. Response: The Board agrees to disagree on this matter. The Board had received a professional opinion and clarification prior to making their decision. Question: The member from 22-02 asks if there are too many people in the office that Deborah can take this on. Response: No. Comment: The member from 22-02 said that she has never received notification of any rule changes, including the rules that were changed in 2011 and specifically adult swim. Response: There haven’t been recent changes. The Pool Rules posted at the pool make no reference to adult swim hours. Action Item: The office will check their records to confirm notices were sent to this member. Question: The member from 22-02 asks what would stop the Board from accepting the legal advice to hire someone for every position to run the Park. Response: If we do not have Board members the Park would be operated by a consulting team and that would cost a lot of money. Question: The member from 50-02 asks why we have a job posting on the website for a recreation coordinator. Response: That was from last year as a recommendation from the Entertainment Committee to have a paid coordinator and we may do that next year. That will be taken down from the website. Comment: The member from 50-02 stated that this is a volunteer park and the membership never said we wanted to hire all our staff. Response: Staff is needed to operate the Park. Comment: The member from 51-05 stated that as a previous Secretary for the Board, she agrees with the members points of concern. However, Deborah is offering more assistance than any member Secretary ever could. Response: The Chair and Recording Secretary thanked Sharon. Question & Answer Adjourned @ 11:17am Birch Bay Leisure Park Association 7704 Birch Bay Drive Blaine, WA 98230 (360) 371-7122 www.birchbayleisurepark.com MINUTES of the OPEN MEETING OF THE BOARD OF DIRECTORS PLACE: CHAIR: BBLP Elm Center 7704 Birch Bay Drive Blaine, Washington DATE: Saturday, September 13, 2014 TIME: 9:00 a.m. Past President Coleen Hunter PRESENT WERE: Directors: Steve Lake Jan Faulkner Jeff Stott Taryn Bell Larry Scott BBLP Staff: Leroy Smith, General Manager Deborah Johnson, Acting Recording Secretary / Accountant Circle Rep Committee Chair: Doug Parmenter Members absent from meeting, but in attendance via electronic means: none 27 members in attendance in the audience. Meeting Protocol The Chair advised members in attendance that the Board will be conducting the business of the Regular Meeting without interruption. At the conclusion of the business of the Regular Meeting there will be a question and answer period for members present in the audience. At the conclusion of the question & answer period the members may be asked to leave so the Board may conduct a closed Executive Meeting. I. APPROVAL OF THE AGENDA FOR THE MEETING MOVED and SECONDED: Approval of Agenda as amended to include the approval of the August 9, 2014 Board Meeting and remove the approval of the 2014 Annual General Meeting minutes. CARRIED II. APPROVAL OF THE BOARD MEETING MINUTES OF AUGUST 9, 2014 MOVED and SECONDED: Approval August 9, 2014 minutes as presented. CARRIED III. CIRCLE REPRESENTATIVE REPORT: Doug Parmenter, Circle Representative Chair reports: Good morning, welcome. Thanks the Board for their hard work and welcome new board members. I would like to suggest that complaints coming into the board and office should be sent down to the circle reps as a filter to assist the members. Circle Rep meeting attendance is up. The revised minutes have been distributed. Terms of Reference is in its final stages and th will be presented at the final Circle Rep Meeting on September 28 . We are working on 10 ways to be a good neighbor, or the good neighbor top ten, and we are asking for input from the membership and the Board. The rules and regulations that are in place are pretty good but need enforcement. Thank you for your time. I look forward to seeing you all at the next Circle Rep Meeting. Action Items: Doug to forward the Good Neighbor List to the Board to provide further input. Follow up on action items from the Circle Rep Committee. IV. GENERAL MANAGER’S REPORT: Leroy Smith proposed the lease of a 25 yard compactor. Attached is Item “A” to these minutes. Board discussed the proposal of the compactor and consensus is that the compactor is needed but further research and consideration will be given before entering into a six year lease. Leroy Smith proposed on behalf of Don Brown, Operations Manager, to build a fence around the recycling area and for the current fence around the dumpster to be repaired. The purpose of the new fence and repair will be to enhance the appearance of the main entrance of the park. Currently there is no fence in place. As one drives into the park, the area stands out as an eye sore to many members, and we have received complaints about its appearance. Board consensus is to proceed with the fence as proposed. MOVED AND SECONDED: The Board accepts, in principal, compacting refuse and other recycling initiatives. CARRIED Action Items: Office staff to research costs of recycling bags and “blue boxes”, as is used in Vancouver. V. TREASURER’S REPORT: Steve Lake reported: Financial Report for August 31, 2014 provided to the Board comparing actual to budget instead of year over year. See Attachment “B” to these minutes. We are over budget 8k and what I expect to 10k by the end of the year in pool expenses. We have kept the pool open to enjoy the good weather without staff. But the pool will closed after this weekend. We have budget variances in wages, taxes & benefits but given time constraints to provide the financial statement by today’s meeting, we are not able to provide an explanation today. The entertainment committee approves the use of their funds for purchases. Any equipment purchased, for example - the playground installed at circle 17, will be the park’s responsibility to maintain therefore such purchases must be reviewed prior to approval. Motion #2 for a $150 annual surcharge did not pass at the AGM. Provided that we break even on an annual basis, the depreciation should be sufficient to fund the Long Range Planning. The potential candidate for Treasurer backed out at this point as a result of the Board's treatment at the AGM. Hopefully he will join the Finance Committee. One member has not paid their dues while one other still owes late charges. MOVED and SECONDED: Reconstitution of the Finance Committee. CARRIED MOVED and SECONDED: To proceed with repossession of a membership for unpaid dues CARRIED Action Items: Board instructs that this member will receive a certified letter stating the park’s intentions and we may hear from the member. As of yet, we have not. VI. CORRESPONDENCE: Acting Secretary: Deborah Johnson th Letter from a member on August 24 concerned with the rules regarding hedges and the enforcement of the rules on hedges. Jeff Stott of the Rules & Regulations Chair will provide a response to the member during his report. st Letter from a member on August 31 thanking the Board for their contribution to BBLP and offering their support on the Brier project that has been and continues to be a difficult project. A letter will be sent to the member acknowledging their letter with thanks. Letters received from two members on September 6 & 7 on the topic of the pool opposing the change in pool hours after the long weekend in September, citing the discrepancy with the hours posted in the newsletter, requesting the pool hours related to adult swim stay in force at all times and requesting an increase in “adult swim” time. Letters will be sent to the members to acknowledge receipt and corrective action as will be discussed under the Communications Chair’s, Tayrn Bell’s report. VII. DIRECTORS REPORTS: Rules & Regulations: Jeff Stott Training of the Security Staff will take place over the next couple of months and new employees will receive training upon hiring, through a proper orientation process. The Rules & Regulations Committee will address issues brought up in the correspondence regarding the hedges and the enforcement / change of the current rules. We are researching telecommunication capabilities, allowing board members to attend remotely and improve communications. th In response to the letter from a member on August 24 , Jeff discussed his intention to form a vetting committee that can review proposed changes of the Rules and Regulations from the membership before being presented to the Board for a decision. Public Relations/Communication: Taryn Bell We need to have better communication between the Board and the membership. We need to have a really good website so we can update the membership. We have started a Facebook “Group” called Leisure Park Suggested that the pool be left open for the month of September. Would like to be notified by the staff regarding changes in the park. Grounds/Maintenance: Jan Faulkner We have received complaints about a large tree at Timberline, which has been since taken down. Before installing any speed bumps in the park, we must consider bike traffic and other considerations. Requests that we communicate to the membership that their maintenance responsibilities at their sites do not stop over the winter months. Public Works/Special Projects: Larry Scott We now have detailed accounting of the Brier Project. See Attachment “C” to these minutes. The excavation of the footprint of the building is completed, they are ready to pour and the timing is perfect given the weather. A valve has been installed at Brier. In the future if we have to shut off the water to the Brier Center, the members’ sites will not be affected. President: Coleen Hunter The Code of Ethics agreement has been distributed to the Board Members. ADJOURNMENT: The regular Board Meeting adjourned at 10:48 am NEXT REGULAR MEETING: October 18, 2014 QUESTION and ANSWER PERIOD: See Attachment “D” to these minutes. Chair: __________________________ Recording Secretary: _________________________ Board members are reminded that they must declare any interest that relates to an item of discussion. Board members have been placed in a position of trust, and it is their responsibility to honor the Association’s need to keep certain information confidential. ATTACHMENT A General Manager’s Report September 12, 2014 Last winter we had estimated half-dozen successful raccoon litters in the Park. Because those successful parents will return this winter, along with their surviving offspring, the count should rise to somewhere between ten and fourteen successful litters. There are no natural predators in the area to interfere with this progression of the population. The numbers will continue to rise at close to a geometric rate. It’s like watching Lilly pads on a pond. First there are a few. Then there are many. Then the pond is covered. This problem is not unique to Leisure Park. The ongoing research in many urban centers demonstrates the resilience of these animals and a few lessons can be learned from the studies done. We had a couple of trailers that suffered substantial damage to the undersides and the insulation. Plus the animals left behind a terrible stink. A raccoon family’s pile of winter waste is quite substantial in size. Even the dust from such a pile can carry diseases and parasites. We have members who complain of aggression by these animals when encountered at their front door. Other members have expressed concern over the safety of their pets. Raccoons are not domesticated animals and wild animals always pose an unpredictable threat. In short, while some might consider them cute, they do not make good neighbors. Guaranteed remedies (noise makers and stinky solutions) don’t work for long. Raccoons quickly come to the conclusion that if it doesn’t hurt they don’t care about it. Capture and haul away won’t work because there isn’t anywhere within a practical distance to release them. The cheapest and most effective way of dealing with them is to capture and euthanize the animals. Even this approach is fraught with problems. The animals would need to be caught prior to giving birth or after the kits are weaned. Otherwise you are leaving behind young that will not survive, dying a horrible death that will result in the stench of decay. Euthanasia is a specialized skill the staff is not qualified to perform. They wouldn’t want to do it anyway. This approach to the problem would generate an outcry from angry members. So what’s to be done? For starters we will incorporate a critter hospitality search into our heat tape inspections this fall. If you have obvious entrances under your trailer or into your shed we’ll let you know. This won’t be 100% effective because raccoons look at obstacles differently than we humans do. They can fit through really tight openings or just rip their way in. If a raccoon really wants to get into something they will be persistent and you will have to use extraordinary measures to keep them out. If you subscribe to Netflix watch Raccoon Nation. The other way to fight the little critters is through their tummies. Raccoons don’t like to travel far for a meal. We have to stop feeding them. We have to stop leaving pet food on the front porch. We have to stop giving them easy access to the garbage. We can do this by replacing the 30 cubic yard raccoon buffet at the office with a compactor they can’t get into. We can replace the remote dumpsters with ones we can latch. If they can’t eat in the park then the place won’t look so attractive to them. If they have to travel outside the park to eat they may not see the point in returning to the park. This will not be an instant fix. It will be an ongoing campaign. It should be done before the pond is covered in Lilly pads. It will take a concerted effort from staff and the members. I have attached a brochure, a quote for a 25 yard compactor and a rental agreement. The one of particular interest is the one that will dump 2 yard dumpsters. We currently spend $2000 to $3000 per month, from May through September to have just the fourteen 2 yard dumpsters emptied once or twice a week. It costs almost $500 for the first monthly haul out of our 30 yard dumpster, with subsequent haul outs in a month a little cheaper. In the summer we have 2 to 3 haul outs per month. The compaction rate is 4:1. This means for the months of July and August we would require 2 to 4 haul outs per month at a cost of approximately $800 per lift. During the off season there would be months that would not see a haul out at all. The monthly rental for the above unit is $651 per month, price guaranteed for 6 years. Respectfully submitted, LeRoy Smith, GM ATTACHMENT B – Page 1 Birch Bay Leisure Park Primer for Understanding Board Meeting Financial Report September 2014 Most months the Treasurer reports on the Profit and Loss for the month and year-to-date for BBLP at the monthly Board meeting. At the September 2014 Board meeting it was decided to include the actual financial data provided to the Board as part of the minutes. The intent of this Primer is to provide some guidelines to aid in a reader’s understanding of the financial material presented. First of all please understand that the Profit and Loss statement presented represents a summary of pages and pages of financial data and so you may not get everything you wish out of the information provided. If that is the case it is possible to ask questions at the monthly Board meeting. Highlights for Understanding 43. The account names correspond to those provided in the year-end financial statements and represent groupings of accounts. 44. The Current column represents the actual income and expenses for the month. 45. YTD for the month represents the total actual income and expenses for the year-to-date commencing January 1 to the month being analyzed. Our year end is December. 46. YTD budget represents the budgeted figures for the YTD for the month being analyzed. The budget is updated twice during the year – once in May and once in November. 47. YTD budget variance represents the difference between the actual YTD numbers compared to the budgeted YTD numbers. A bracket in the income area demonstrates a negative impact on the bottom line while a bracket in the expenses area represents a positive impact on the bottom line. A nonbracketed item demonstrates the reverse in each section of the Profit and Loss. 48. The commentary at the far right is an explanation of the material negative and positive impacts and represents the term Variance Analysis. Sometimes a variance requires a change in strategy so the negative impacts don’t happen again. 49. At the bottom of the page there will be a summary of items included in the Profit and Loss that have been included here but budgeted as Long Range Planning Fund expenses. For bottom line variance analysis the impact of these items should be removed. Please read the above in conjunction with the monthly Profit and Loss statement provided in the Board Meetings. ATTACHMENT B – Page 2 Birch Bay Leisure Park Profit and Loss - August 2014 Actual/Budget Comparison Income Dues Initiation Fees Late Fees Special Charges & Other Mailboxes Newsletter Income Storage Sites Interest Income Total Income Expense Garbage Current YTD YTD YTD Aug 2014 Aug 2014 Budget Budget Var 99,922 1,000 100 745,523 7,575 3,350 745,523 10,260 3,216 1,979 0 392 750 1,421 105,565 13,425 6,993 2,849 5,436 11,216 796,367 12,594 6,478 2,826 5,248 10,468 796,614 7,361 32,862 31,035 0 (2,685) 134 830 515 23 188 748 (246) 3,029 17,294 14,863 2,431 Pool 2,945 25,766 17,677 8,089 Repairs & Maintenance Supplies & Tools Truck, Tractor & Auto Bank Charges & Exchange Donations Insurance Expense Legal & Accounting Office Expense Public Relations Security Telephone Power Propane Sewer Water Wages Wages - Tax & Benefits Property Taxes Sundry Purchase Discounts Board Contingency Total Expense 3,610 974 1,324 55 0 3,066 1,043 2,609 115 803 333 8,054 (598) 0 0 33,945 13,140 0 84 0.00 0 81,892 28,796 3,427 9,167 (210) 0 21,926 1,163 12,476 740 2,492 2,568 36,330 7,986 59,721 34,027 220,817 92,871 59,520 1,690 0.00 0 671,427 29,350 3,492 9,366 (164) 0 21,926 1,097 13,369 740 2,709 2,656 38,205 8,892 60,919 34,591 218,751 86,723 59,564 1,889 0 0 657,648 (554) (65) (198) (46) 0 0 66 (893) 0 (218) (87) (1,875) (906) (1,198) (564) 2,066 6,148 (44) (199) 0 0 13,778 Net Ordinary Income/(Loss) 23,673 124,941 138,965 (14,025) Other Income and (Expense) Depreciation Asset Disposal Income Tax Provision (11,239) 0 0 (89,915) 0 0 (89,915) 0 0 (3,479) 0 (4,208) 0 8,955 30,817 Net Income/(Loss) Expenses Funded by Long Range Planning Sewer Repairs 0 0 49,050 $ 4,288 There are 44 sites listed for sale. Includes $777 in revenue for excess parcels and $3,372 for the new membership sales advertisement program. 16 mailboxes available 9 storage spaces available 1,826 Grounds Entertainment Prior Year Correction 718 @1,595 - increase of $125 from 2013 purchased a chain saw & includes $4,400 in materials purchased for irrigation in front drive & new lawn Includes $4,100 increase in repairs and $3,400 increase in propane compared to prior year $4,287.50 was I&I sewer Repairs from LRPF &5k in materials to repair gravel roads. Researching budget variance. Researching budget variance. 0 0 0 4,208 0 (18,233) Entertainment purchased new tables & installed playground at Circle 17 Description Design / Engineering Costs Z Construction Contract Interior Demolition Pool Plumbing Professional Fees due to Whatcom County Requirements Cost Increases Due to Permit Delay Permits Additional Costs due to FEMA (flood) Requirments to Date Contingency for Additional Costs due to FEMA (flood) Requirements Other Contingency Total Brier Cost Estimate 53,622.23 80,706.74 134,328.96 - Estimated Contingency Items 1,015,671.04 228,911.61 12,366.27 10,513.36 12,178.79 Actual Costs 39,225.33 679,869.87 30,472.03 2,133.78 23,717.50 - - 15,507.83 - - 679,869.87 - - Expenses in Original Budget Estimate of 750k Design / Engineering Pre AGM Costs Z Contract 23,717.50 15,507.83 679,869.87 - Birch Bay Leisure Park Brier Renovation Budget as of 9/30/14 2,133.78 - - Pool Valves 2,133.78 16,765.35 - 678.18 - Demolition / Abatement & Storage Costs 16,087.17 - 12,178.79 - 12,178.79 Permits - 36,586.31 - 12,366.27 9,835.18 - 228,911.61 228,911.61 - 53,622.23 80,706.74 134,328.96 - - Projected Expenses for Increased Budget of 400k Unexpected Other Possible Costs / Delay Add'l Flood Items / Costs Requirements Contingency 14,384.86 - ATTACHMENT C ATTACHMENT D Question & Answer Period: Please note some of the dialogue, comments and discussion during the question period may not be captured in these minutes, all direct questions posed and responses from Board are summarized and recorded. Daphne Leaf MR-58: I have noticed that members are bringing in a lot of garbage into the park from the outside. Response: Yes this is an increasing problem while we have the “Spring Clean-up” dumpsters as well. Richard Glenndinning CW-12 Is the garbage being brought in from outside the park items that should be taken to the dump? Response from Daphne Leaf MR-58: It’s all kinds of things. Vicci Burnett 22-02: Will we still have the 2 yard dumpster? Any thought on adding a surcharge when the members have guest RV’s on their site? Response: Yes. We will consider the second part of your question when researching the compactor. Clarence Joy 37-06: Is the variance committee going ahead? We enjoy the park and we would like to be involved in the process. Response: Yes, but not until we are enforcing the current Rules & Regulations. Diana Joy 37-06: The fellow in the corner over there is using the road easement. Does he have any permission to do this? If it’s good for one it’s good for all? If you are undecided on the castle hedge, can I also do that to my fence? Response: No. The board is taking a stand to bring compliance to the park and it’s not going to be easy. The topic of the castle hedge will be brought before the committee. Bill Marsden 40-03: Good morning. All my remarks and questions are to the President only. On May 17, 2014 at a Town Hall Meeting you said “We will continue to be guided by the following principles; accountability, transparency, sustainability and financial prudence.” You also said “Our goal is to provide solutions that meet the majority of our members’ needs” Often used words but what do they mean? According to Webster’s Dictionary, sustainability – to support something by adequate proof, transparency – means something that is easily detected and seen through and readily understood and free from pretense or deceit, financial prudence means the ability to govern oneself by the use of reason, to use shrewdness in management affairs and to have good judgment in the use of resources. I do not believe the president should have a portfolio or be involved in human resources. Your function is to make sure everything is run well and to give a casting vote when there is a need. Not make arbitrary decisions. How can you allow an excess of 10k being paid in a settlement without members’ approval or knowledge? Some of the Board members still don’t know why Dennis was dismissed. Who authorized a person to be paid $40 per hour for a position assisting the Board when Kelly Bentley was doing the job as a volunteer? Why do you continue to support a park manager who caused the park to be fined $1,200 from Whatcom County? How can you support this? If you do support this. Response: If there had been an issue with the President being on the HR Committee that should have been addressed years ago, the President has always sat on that committee. I cannot comment on a confidential agreement with a former employee but, approval from the membership is not necessary for operational expenses. I do not know how you have arrived at that number but, the coordinator was hired for a specific event that would not have taken place otherwise. The board was invited to participate in the interview process with this individual. During the interview we discovered that she could provide us with help in a few areas, training of office staff being one of them and developing a social media presence the other. We were not happy with the $1,200 fine, which was not material. What was material is that we put some people at risk. We were asked to put some safety policies in place and we have done that. Rick Vyse -44-07: Have you not kept up your end with the non-disclosure agreement with the terminated employee? And if that is true can we now discuss it? Response: It was a general release. We have only giving you examples of options that have been used at other organizations. Please stop asking. Can we please shut this discussion down before the membership has to pay out additional money as a consequence? Vicci Burnett 22-02: When is Leroy leaving and when he leaves can we convert his house to a laundry room? Response: We have an arrangement where he will be finished by September 2015. The use of the house will depend upon whether the replacement GM wants to live there. If he doesn’t we will be looking for an alternative use of that building. Clarence Joy 37-06: Would the board consider not taking the castle hedge next to me without looking at the rules more closely? I cannot be on Jeff’s committee because I am not in compliance; it would be a conflict of interest. Response: I recommend you take a petition and present it to the Board to be addressed at a special meeting. Sandra Turner 50-02: Are you going to give us access to the numbers on Brier? Response: Larry will meet with Taryn to discuss. Vicci Burnett 22-02: A volunteer stepped forward to be secretary. Why are we still using our staff secretary? Response: That will be discussed during an in camera meeting. Carol Gmur 31-07: Why was my husband not thanked at the AGM? Response: The Chair thanked all resigning board members. Betty Vivian 45-10: I don’t think Carol wanted just a thank you. She wanted more gratitude, acknowledgement for all that Wes has done. Response: We appreciate your feedback. Doug Parmenter CW-19: A new year ahead of us. Can the Board provide me the schedule of Open Board Meeting dates? Response: The schedule was provided to Doug. Rick Vyse 44-07: We have 6 members on the Board; there is an opening for one Board member. Is it going to be decided by the Board at the in camera meeting? Response: There are four interested parties; it will be discussed at the in camera meeting. Karilee Green 20-08: I have been the nominating chair for two years and had a hell of a time getting people to run because they did not want to sit on the board because members just bitch at them. Response: Yes, Karilee had to chase me down while driving my car. Vicci Burnett 22-07: Why is an employee still taking the minutes instead of a member? Response: We will discuss that at the in camera meeting. We will find the most appropriate person. Question & Answer Adjourned @ 11:47am
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